DO NOT Call Act
Bill: S.1913 | Sponsor: Sen. Cortez Masto, Catherine (D-NV)
Policy area: Commerce

Summary:
Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2021 or the DO NOT Call Act
This bill increases and establishes criminal penalties, which include imprisonment for up to one year, for an intentional violation of the prohibition on automated telephone marketing and messaging. In addition, a person may be imprisoned for up to three years for an aggravated violation of such prohibition if the person (1) previously has been convicted of such an offense, (2) initiates a certain high volume of such calls during specified periods of time, (3) commits the offense in the furtherance of a felony, or (4) causes losses of at least $5,000 during any one year period to one or more persons.
The bill also increases from $10,000 to $20,000 the fine for intentionally transmitting misleading or inaccurate caller identification information.

To modify the penalties for violations of the Telephone Consumer 
                        Protection Act of 1993.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Deter Obnoxious, Nefarious, and 
Outrageous Telephone Calls Act of 2021'' or the ``DO NOT Call Act''.

SEC. 2. PENALTIES FOR VIOLATIONS OF THE TELEPHONE CONSUMER PROTECTION 
              ACT OF 1993.

    (a) Criminal Penalties.--
            (1) In general.--Section 227 of the Communications Act of 
        1934 (47 U.S.C. 227) is amended by adding at the end the 
        following:
    ``(k) Criminal Penalties.--
            ``(1) In general.--Except as provided in paragraph (2), any 
        person who willfully and knowingly violates this section shall 
        be imprisoned for not more than 1 year, fined under title 18, 
        United States Code, or both.
            ``(2) Aggravated offense.--Any person who willfully and 
        knowingly violates this section shall be imprisoned for not 
        more than 3 years, fined under title 18, United States Code, or 
        both if--
                    ``(A) the person has previously been convicted 
                under this subsection;
                    ``(B) the offense involved initiating more than--
                            ``(i) 100,000 calls in a 24-hour period;
                            ``(ii) 1,000,000 calls in a 30-day period; 
                        or
                            ``(iii) 10,000,000 calls in a 1-year 
                        period;
                    ``(C) the person committed the offense with the 
                intent to use the calls in furtherance of a felony or 
                conspiracy to commit a felony; or
                    ``(D) the offense caused loss to 1 or more persons 
                aggregating $5,000 or more in value during any 1-year 
                period.
            ``(3) Definitions.--For purposes of this subsection--
                    ``(A) the term `call' includes a message or other 
                communication; and
                    ``(B) the term `initiate', with respect to a call, 
                includes the act of sending, making, or transmitting a 
                call, message, or other communication, as 
                applicable.''.
            (2) Technical and conforming amendment.--Section 
        227(e)(5)(B) of the Communications Act of 1934 (47 U.S.C. 
        227(e)(5)(B)) is amended, in the second sentence, by striking 
        ``section 501'' and inserting ``subsection (k)''.
    (b) Increased Penalties for Provision of Inaccurate Caller 
Identification Information.--Section 227(e)(5) of the Communications 
Act of 1934 (47 U.S.C. 227(e)(5)) is amended--
            (1) in subparagraph (A)(i), by striking ``$10,000'' and 
        inserting ``$20,000''; and
            (2) in subparagraph (B), in the first sentence, by striking 
        ``$10,000'' and inserting ``$20,000''.
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