DO NOT Call Act of 2023

Bill: 118-hr-800
Sponsor: full_name: Rep. Kustoff, David [R-TN-8]
Introduced: 2023-02-02
Policy area: Commerce
Latest action: action_date: 2023-02-10
text: Referred to the Subcommittee on Communications and Technology.

Summaries:
action_date: 2023-02-02
action_desc: Introduced in House
text: <p><b>Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2023 or the DO NOT Call Act</b><strong> of 202</strong><b>3</b></p> <p> This bill increases and establishes criminal penalties, which include imprisonment for up to one year, for an intentional violation of the restrictions on automated telephone marketing and messaging. In addition, a person may be imprisoned for up to three years for an aggravated violation of such restrictions 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.</p> <p>The bill also increases from $10,000 to $20,000 the fine for intentionally transmitting misleading or inaccurate caller identification information.</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 800 IN THE HOUSE OF REPRESENTATIVES February 2, 2023 Mr. Kustoff (for himself and Ms. Ross ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To modify the penalties for violations of the Telephone Consumer Protection Act of 1991.

1. Short title This Act may be cited as the Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2023 or the DO NOT Call Act of 2023 . 2. Penalties for violations of the Telephone Consumer Protection Act of 1991 (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 .