Title: DEFEAT Robocalls Act of 2019
Policy area: Science, Technology, Communications

Summary:
Double the Enforcement and Fines of Everyone Associated with Terrible Robocalls Act of 2019 or the DEFEAT Robocalls Act of 2019
This bill increases fines for robocall, spoofing, and telemarketing violations. Additionally, the bill reduces the amount that must be in controversy to give rise to a private right of action and allows a person bringing such an action to obtain twice the amount of damages sustained.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3707 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 3707

     To increase the penalties for certain robocall, spoofing, and 
                       telemarketing violations.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 11, 2019

  Mr. Babin introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
     To increase the penalties for certain robocall, spoofing, and 
                       telemarketing violations.

    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 ``Double the Enforcement and Fines of 
Everyone Associated with Terrible Robocalls Act of 2019'' or the 
``DEFEAT Robocalls Act of 2019''.

SEC. 2. INCREASED PENALTIES FOR CERTAIN ROBOCALL, SPOOFING, AND 
              TELEMARKETING VIOLATIONS.

    (a) Section 227 of the Communications Act of 1934.--
            (1) Forfeitures generally.--Section 503(b)(2)(D) of the 
        Communications Act of 1934 (47 U.S.C. 503(b)(2)(D)) is 
        amended--
                    (A) by inserting ``(or, in the case of a violation 
                of section 227, except for subsection (e) of such 
                section, shall not exceed $39,278)'' after ``$10,000''; 
                and
                    (B) by inserting ``(or, in the case of a violation 
                of section 227, except for subsection (e) of such 
                section, shall not exceed a total of $294,580)'' after 
                ``$75,000''.
            (2) Criminal penalties generally.--
                    (A) General penalty.--Section 501 of the 
                Communications Act of 1934 (47 U.S.C. 501) is amended--
                            (i) by inserting ``(or, in the case of a 
                        violation of section 227, except for subsection 
                        (e) of such section, not more than $20,000)'' 
                        after ``$10,000'' the first place it appears; 
                        and
                            (ii) by inserting ``(or, if the subsequent 
                        violation is a violation of section 227, except 
                        for subsection (e) of such section, not more 
                        than $20,000 (or, if any such previous 
                        conviction was for violation of section 227, 
                        except for subsection (e) of such section, not 
                        more than $40,000))'' after ``$10,000'' the 
                        second place it appears.
                    (B) Violation of rules, regulations, and so 
                forth.--Section 502 of the Communications Act of 1934 
                (47 U.S.C. 502) is amended by inserting ``(or, in the 
                case of a rule, regulation, restriction, or condition 
                made or imposed by the Commission under section 227, 
                not more than $1,000)'' after ``$500''.
            (3) Spoofing of caller identification information.--Section 
        227(e)(5) of the Communications Act of 1934 (47 U.S.C. 
        227(e)(5)) is amended--
                    (A) in subparagraph (A)(i)--
                            (i) by striking ``$10,000'' and inserting 
                        ``$22,556''; and
                            (ii) by striking ``$1,000,000'' and 
                        inserting ``$2,255,598''; and
                    (B) in subparagraph (B), by striking ``$10,000'' 
                and inserting ``$20,000''.
            (4) Actions by state attorneys general.--Section 227(g)(1) 
        of the Communications Act of 1934 (47 U.S.C. 227(g)(1)) is 
        amended by striking ``actual monetary loss or receive $500 in 
        damages'' and inserting ``twice the amount of actual monetary 
        loss or receive $1,000 in damages''.
            (5) Private rights of action.--Section 227 of the 
        Communications Act of 1934 (47 U.S.C. 227) is amended--
                    (A) in subsection (b)(3), by striking ``actual 
                monetary loss from such a violation, or to receive $500 
                in damages for each such violation'' and inserting 
                ``twice the amount of actual monetary loss from such a 
                violation, or to receive $1,000 in damages for each 
                such violation''; and
                    (B) in subsection (c)(5), by striking ``actual 
                monetary loss from such a violation, or to receive up 
                to $500 in damages for each such violation'' and 
                inserting ``twice the amount of actual monetary loss 
                from such a violation, or to receive up to $1,000 in 
                damages for each such violation''.
    (b) Telemarketing and Consumer Fraud and Abuse Prevention Act.--
            (1) Civil penalties.--Section 6 of the Telemarketing and 
        Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6105) is 
        amended--
                    (A) in subsection (b), by adding at the end the 
                following: ``Notwithstanding the preceding provisions 
                of this subsection, the amount of the civil penalty 
                under section 5(l) of the Federal Trade Commission Act 
                (15 U.S.C. 45(l)) for violation of an order of the 
                Commission to cease and desist from conduct that 
                constitutes a violation of a rule of the Commission 
                under section 3 of this Act, and the amount of the 
                civil penalty that the Commission may recover under 
                section 5(m)(1)(A) of the Federal Trade Commission Act 
                (15 U.S.C. 45(m)(1)(A)) for violation of a rule of the 
                Commission under section 3 of this Act, shall be not 
                more than $85,060 for each violation.''; and
                    (B) in subsection (d), by adding at the end the 
                following: ``Notwithstanding the preceding sentence, 
                the amount of the civil penalty under subparagraph (A) 
                of section 1055(c)(2) of the Consumer Financial 
                Protection Act of 2010 (12 U.S.C. 5565(c)(2)) for 
                violation of a rule of the Commission under section 3 
                of this Act may not exceed $11,562 for each day during 
                which the violation or failure to pay continues, the 
                amount of the civil penalty under subparagraph (B) of 
                such section 1055(c)(2) for violation of such a rule 
                may not exceed $57,812 for each day during which the 
                violation continues, and the amount of the civil 
                penalty under subparagraph (C) of such section 
                1055(c)(2) for violation of such a rule may not exceed 
                $2,312,484 for each day during which the violation 
                continues.''.
            (2) Actions by states.--Section 4(a) of the Telemarketing 
        and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6103(a)) 
        is amended by striking ``damages'' and inserting ``twice the 
        damages sustained by residents of such State''.
            (3) Actions by private persons.--Section 5(a) of the 
        Telemarketing and Consumer Fraud and Abuse Prevention Act (15 
        U.S.C. 6104(a)) is amended--
                    (A) in the first sentence, by striking ``$50,000'' 
                and inserting ``$25,000''; and
                    (B) in the second sentence, by striking ``damages'' 
                and inserting ``twice the damages sustained''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring after the date that is 60 
days after the date of the enactment of this Act.
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