The bill appears to focus on telemarketing calls and strengthening protections for consumers in the TCPA and Do-Not-Call Registry. ACA is tracking if the bill will impact calls outside of telemarketing.
04/01/2024 12:50 P.M.
2,5 minute read
U.S. senators have reintroduced the Protecting American Consumers from Robocalls Act (PDF) to amend the Telephone Consumer Protection Act related to telemarketing calls made without consumers’ consent.
The bill, from U.S. Sens. Dick Durbin and Jan Schakowsky, D-Ill., would provide “all telephone subscribers, including small businesses, the ability to seek damages for all unconsented-to telemarketing calls immediately after such a call,” according to a news release.
Specifically, it would:
- Allow small businesses to add their numbers to the Do-Not-Call Registry.
- Provide landline and cellular consumers, including small businesses, who have telephone numbers on the Do-Not-Call Registry, a private right of action after receiving one telephone call by or on behalf of the same entity in violation of the TCPA.
- Ensure that a minimum of $500 can be levied for each violation of the Do-Not-Call Registry.
According to the news release, the prohibitions on telemarketing calls to landlines in the TCPA are “routinely ignored” because the enforceable penalties apply only to two or more calls in a 12-month period to the same line from the same caller.
Given this, the intent of the legislation appears to be for telemarketing calls, however ACA International is monitoring whether it could cover any call to a consumer that has asked to be placed on the Do-Not-Call list for a specific company.
Meanwhile, ACA is also tracking comprehensive legislation from U.S. Rep. Frank Pallone, D-N.J., circulating on Capitol Hill to advance protections against “robocalls,” targeting technology used in many industries to contact consumers about financial services, health care, banking and more.
Pallone, the ranking member of the House Energy and Commerce Committee, introduced the Do Not Disturb Act (PDF) to expand the definition of autodialer technology contrary to the 2021 ruling by the U.S. Supreme Court in Facebook Inc. v. Duguid, and require companies to disclose the use of artificial intelligence on calls and double fines for violations when AI is used to impersonate a human, according to a news release.
The legislation builds on protection and illegal robocall mitigation in the Telephone Consumer Protection Act and the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, authored by Pallone and U.S. Sen. John Thune, R-S.D.
What became the final version of the TRACED Act transformed significantly as ACA International advocated for changes to several iterations of the legislation, including definitions of the called party, improved language concerning call blocking, and removing broad language about consent revocation, ACA previously reported.
ACA will build on our advocacy on the TRACED Act and continued work with the FCC for the broader financial services industry to address misguided proposals in the Do Not Disturb Act.
For updates on federal advocacy issues, members are invited to attend the ACA Huddle at 11 a.m. CST every Wednesday.
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