TRACED Act Aimed at Mitigating Robocall Scams Set for Senate Markup
Committee will review legislation focused on expanding the TCPA. ACA International is committed to ensuring doesn’t impact legitimate businesses and consumer communications.
4/1/2019 11:00 AM
The Senate Committee on Commerce, Science and Transportation will meet April 3 for a markup of the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act, which has been closely watched by ACA International for its aim to mitigate robocall scams.
Senate Majority Whip John Thune, R-S.D., along with U.S. Sen. Ed Markey, D-Mass., reintroduced the legislation, S. 151., in the 116th Congress.
While the legislation contains some important tools for handling bad actors, ACA International continues to work with Congress to help it draw clear distinctions between legitimate callers and scammers, and to provide important protections for legal calls.
Since January, the following senators have signed on as sponsors: Jerry Moran, R-Kan.; Cory Gardner, R-Colo.; Shelley Moore Capito, R-W.Va.; Amy Klobuchar, D-Minn.; Richard Blumenthal, D-Conn.; Tammy Duckworth, D-Ill.; Deb Fischer, R-Neb.; Krysten Sinema, D-Ariz.; Marsha Blackburn, R-Tenn.; Tammy Baldwin, D-Wis.; Todd Young, R-Ind.; and Jon Tester, D-Mont.
The TRACED Act, as proposed, would require call authentication and blocking adoption, among other changes, including to:
- Broaden the authority of the FCC to levy civil penalties of up to $10,000 per call.
- Extend the window for the FCC to take civil enforcement action against intentional violations to three years after a robocall is placed.
- Direct the FCC to provide a safe harbor for blocking calls based in whole or in part, on the information provided by the call authentication framework under SHAKEN/STIR.
- Direct the Department of Justice, FCC, Federal Trade Commission, Department of Commerce, Department of State, Department of Homeland Security, the Consumer Financial Protection Bureau, and other relevant federal agencies, as well as state attorneys general and other non-federal entities to identify and report to Congress on improving deterrence and criminal prosecution at the federal and state level of robocalls.
- Require voice service providers to adopt call authentication technologies, enabling a telephone carrier to verify that incoming calls are legitimate before they reach consumers’ phones.
- Direct the FCC to initiate a rulemaking to help protect subscribers from receiving unwanted calls or texts from callers.
ACA International will continue to follow the progress of the TRACED Act to provide industry and member updates.
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