To amend the Communications Act of 1934 to prohibit the use of automated telephone equipment to send unsolicited text messages, and for other purposes.
Bill: H.R.8334 | Sponsor: Rep. Krishnamoorthi, Raja (D-IL)
Policy area: Science, Technology, Communications

Summary:
This bill expands and modifies prohibitions on the use of automatic telephone dialing systems to include automated text messages and other functionalities.

To amend the Communications Act of 1934 to prohibit the use of 
 automated telephone equipment to send unsolicited text messages, and 
                          for other purposes.

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

SECTION 1. RESTRICTIONS ON THE USE OF AUTOMATED TELEPHONE EQUIPMENT.

    (a) In General.--Section 227 of the Communications Act of 1934 (47 
U.S.C. 227) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), by striking ``, 
                        using a random or sequential number generator'' 
                        and inserting ``or sent a text message''; and
                            (ii) in subparagraph (B), by striking 
                        ``dial such numbers'' and inserting 
                        ``automatically dial or send a text message to 
                        such numbers''; and
                    (B) by redesignating paragraph (5) as paragraph (6) 
                and inserting after paragraph (4) the following new 
                paragraph:
            ``(5) The term `text message' has the meaning given such 
        term in subsection (e)(8).''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by striking ``any call'' and all 
                                that follows through ``called party)'' 
                                and inserting ``any call or send any 
                                text message (other than a call made or 
                                text message sent for emergency 
                                purposes or with the prior express 
                                consent of the recipient of such call 
                                or text message)''; and
                                    (II) in clause (iii), by striking 
                                ``called party'' and all that follows 
                                through ``United States'' and inserting 
                                ``recipient of such call or text 
                                message is charged for receiving such 
                                call or text message''; and
                            (ii) in subparagraph (B), by striking ``, 
                        is made solely pursuant to the collection of a 
                        debt owed to or guaranteed by the United 
                        States,''; and
                    (B) by adding at the end the following:
            ``(5) Safe harbor for reassigned numbers.--
                    ``(A) In general.--It shall not be a violation of 
                the prohibition in paragraph (1)(A) for a person, using 
                an automatic telephone dialing system or an artificial 
                or prerecorded voice, to make a call or send a text 
                message to a telephone number without the prior express 
                consent of the subscriber assigned such telephone 
                number if such person obtained express consent to make 
                such call or send such text message to such number from 
                a subscriber assigned such number on the date on which 
                such express consent was obtained.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                unless the person making such call or sending such 
                text, bearing the burden of proof, demonstrates that--
                            ``(i) prior to making such call, such 
                        person queried the database maintained by the 
                        Commission under subparagraph (C) to determine 
                        whether such number was permanently 
                        disconnected after the date on which prior 
                        express consent was obtained from a subscriber 
                        previously assigned such number, and received a 
                        response indicating such number was not 
                        permanently disconnected after such date; and
                            ``(ii) if such person had not received such 
                        response, such person would not have made such 
                        call or sent such text message to such number.
                    ``(C) Reassigned telephone number database.--The 
                Commission shall maintain a database which persons may 
                query for the purpose of determining whether a 
                telephone number was permanently disconnected after the 
                date on which prior express consent was obtained from a 
                subscriber assigned such number.''.
    (b) Rulemaking.--Not later than 18 months after the date of the 
enactment of this Act, the Federal Communications Commission, with 
consideration given to modern dialing practices and consumer 
preferences, shall issue a rule defining the terms ``automatically'', 
``dial'', ``send'', and ``charged for the call'', as used in 227(a)(1) 
of the Communications Act of 1934 (47 U.S.C. 227(a)(1)), as amended by 
this Act.
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