FCC Legal Enforcement Act

Bill: 118-s-2095
Sponsor: full_name: Sen. Lujan, Ben Ray [D-NM]
Introduced: 2023-06-21
Policy area: Science, Technology, Communications
Subjects: Civil actions and liability

Federal Communications Commission (FCC)

Telephone and wireless communication
Latest action: action_date: 2023-06-21
text: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Summaries:
action_date: 2023-06-21
action_desc: Introduced in Senate
text: <p><strong>FCC Legal Enforcement Act</strong></p><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&nbsp;to prioritize the collection of unpaid fines over $25 million.&nbsp;</p>

tv_txt: II 118th CONGRESS 1st Session S. 2095 IN THE SENATE OF THE UNITED STATES June 21, 2023 Mr. Luján (for himself, Mr. Blumenthal , Ms. Klobuchar , Mr. Schatz , Mr. Welch , Mrs. Feinstein , and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 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. Short title This Act may be cited as the FCC Legal Enforcement Act . 2. 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.