Legislation to stop robocalls signed into law
President Trump has signed into law a bill sponsored by Sen. Mark Warner to crack down on illegal robocall scams.
“The truth is, folks in Virginia and across the nation are sick and tired of receiving unsolicited robocalls at all hours of the day,” said Sen. Warner. “These calls are intrusive and often set up by scammers looking to pray on vulnerable individuals. I’m proud to have sponsored this legislation and am very excited to see it signed into law so that it can start giving individuals some peace of mind. Personally, I know I won’t miss these annoying robocalls, and I have a feeling other Virginians won’t either.”
The Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act gives regulators more time to find scammers, increases civil forfeiture penalties for those who are caught, requires service providers to adopt call authentication and blocking, and brings relevant federal agencies and state attorneys general together to address impediments to criminal prosecution of robocallers who intentionally break laws. Sen. Warner sponsored the Senate version of the bill, which passed the Senate in 97-1 vote in May 2019. After the House passed an amended version of the bill earlier this month, the Senate unanimously voted to send the bill to the President’s desk for signature on December 18.
The TRACED Act
- Broadens the authority of the Federal Communications Commission (FCC) to levy civil penalties of up to $10,000 per call on people who intentionally flout telemarketing restrictions.
- Extends the window for the FCC to catch and take civil enforcement action against intentional violations to four years after a robocall is placed. Under current law, the FCC has only one year to do so, and the FCC has told the committee that “even a one-year longer statute of limitations for enforcement” would improve enforcement against violators.
- Brings together 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 robocall scams.
- Requires voice service providers to adopt call authentication technologies, enabling a telephone carrier to verify that incoming calls are legitimate before they reach consumers’ phones.
- Directs the FCC to initiate a rulemaking to help protect subscribers from receiving unwanted calls or texts from callers.
- Directs the FCC to initiate a rulemaking process to protect consumers from “one-ring” scams.
- Requires the FCC to establish a working group to issue best practices to prevent hospitals from receiving illegal robocalls.