To authorize the Federal Communications Commission to enforce its own forfeiture penalties with respect to violations of restrictions on the use of telephone equipment.

Bill: 118-hr-4224
Sponsor: full_name: Rep. Matsui, Doris O. [D-CA-7]
Introduced: 2023-06-20
Policy area: Science, Technology, Communications
Subjects: Civil actions and liability

Federal Communications Commission (FCC)

Telephone and wireless communication
Latest action: action_date: 2023-06-23
text: Referred to the Subcommittee on Communications and Technology.

Summaries:
action_date: 2023-06-20
action_desc: Introduced in House
text: <p>This bill gives the Federal Communications Commission (FCC) authority to pursue specified unpaid fines for violations of the Telephone Consumer Protection Act (TCPA) via litigation. The TCPA prohibits certain telemarketing calls made without the recipient’s consent and using automatic dialing technology or artificial and prerecorded voice messages.&nbsp;</p><p>Under current law, the Department of Justice (DOJ) has authority to pursue unpaid fines for violations of the TCPA. Under the bill, if DOJ does not pursue an unpaid fine within a specified time period, the FCC may do so. The bill directs the FCC to prioritize the collection of unpaid fines over $25 million.&nbsp;</p>

tv_txt: I 118th CONGRESS 1st Session H. R. 4224 IN THE HOUSE OF REPRESENTATIVES June 20, 2023 Ms. Matsui introduced the following bill; which was referred to the Committee on Energy and Commerce , and in addition to the Committee on the Judiciary , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To authorize the Federal Communications Commission to enforce its own forfeiture penalties with respect to violations of restrictions on the use of telephone equipment.

1. Enforcement of forfeiture penalties by Federal Communications Commission (a) In general Title V of the Communications Act of 1934 ( 47 U.S.C. 501 et seq. ) is amended— (1) in section 503(b)(3)(B) ( 47 U.S.C. 503(b)(3)(B) ), by striking In such action, and inserting the following: If, during the 120-day period beginning on the date of a referral of an unpaid forfeiture penalty imposed for a violation of section 227 (relating to restrictions on the use of telephone equipment), the Attorney General does not commence an action to recover the amount assessed, the Commission may commence and supervise the litigation of such an action and any appeal of such an action in its own name by any of its attorneys designated by it for such purpose. In any action under this subparagraph, ; and (2) in section 504(a) ( 47 U.S.C. 504(a) )— (A) by striking It shall be the duty and inserting Except as provided in the subsequent sentence, it shall be the duty ; and (B) by striking The costs and expenses of such prosecutions and inserting the following: If, during the 120-day period beginning on the date on which the Commission refers an unpaid forfeiture penalty imposed for a violation of section 227 (relating to restrictions on the use of telephone equipment) to the Attorney General for prosecution under this subsection, the Attorney General does not commence such a prosecution, the Commission may prosecute for the recovery of the forfeiture penalty. The costs and expenses of a prosecution under this subsection . (b) Priority In carrying out the amendments made by subsection (a) of this section, the Federal Communications Commission shall prioritize enforcement of unpaid forfeiture penalties imposed for a violation of section 227 of the Communications Act of 1934 ( 47 U.S.C. 227 ) (relating to restrictions on the use of telephone equipment) that are greater than $25,000,000.