Luján Reintroduces Legislation to Crack Down on Robocalls, Protect Americans From Scams

Washington, D.C. –  Today, U.S. Senator Ben Ray Luján (D-N.M.), Ranking Member of the Senate Commerce Subcommittee on Telecommunications and Media, announced the reintroduction of the FCC Legal Enforcement Act, legislation that would provide the Federal Communications Commission (FCC) with litigation enforcement authority for violations contained in the Telephone Consumer Protection Act (TCPA) regarding robocalls. Specifically, the legislation would provide the FCC with the authority to commence court proceedings to recover penalties and fines against those in violation of the TCPA.

“Every American with a phone knows how annoying it is to be bombarded by robocalls that only offer unwanted scams and threats to personal privacy. Robocalls aren’t just a nuisance, they also scam Americans out of millions of dollars every year,” said Senator Luján. “Congress passed much-needed legislation to protect Americans through the Telephone Consumer Protection Act, but this legislation failed to provide the FCC with the legal authority to enforce the law. That’s why I’m proud to reintroduce the FCC Legal Enforcement Act to empower the Commission to hold telecom companies accountable for robocalls that disrupt Americans’ lives.”

In 1991, in an effort to address a growing number of telephone marketing calls, Congress enacted the Telephone Consumer Protection Act (TCPA). The TCPA restricts the making of telemarketing calls and the use of automatic telephone dialing systems (robocallers) and artificial or prerecorded voice messages. The rules apply to common carriers as well as to other marketers. Although the FCC has the authority to conduct investigations and issue fines or penalties for violations of the TCPA, the Commission lacks the authority to go into court to collect the fines. That authority lies with the Department of Justice. Unfortunately, the Department of Justice may take up to five years to decide whether to pursue a case related to a violation of the TCPA. In that time, violators have hidden assets or disappeared altogether.

The FCC Legal Enforcement Act provides the FCC with the authority to commence court proceedings to recover penalties or fines against those in violation of the TCPA. Violations of the TCPA are still referred to the Department of Justice first, but if after 120 days, the DOJ refuses to pursue the case, the FCC can commence its own action.

The FCC Legal Enforcement Act is cosponsored by Senators Richard Blumenthal (D-Conn.), Peter Welch (D-Vt.), Brian Schatz (D-Hawaii), Dick Durbin (D-Ill.), and Amy Klobuchar (D-Minn.).

Full bill text is available here.

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