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JAIL TIME: A New (Old) Bill Was Just Introduced In Congress that Might Have Legs–And it Could Mean PRISON For TCPA Violators
Thursday, February 9, 2023

Well the “Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act” –or the ‘‘DO NOT Call Act of 2023’’–is back in the House.

We’ve seen this bill before, of course. 

But this time it feels a bit different. I’m hearing preliminarily that there might be a smidge more room for this one to breathe, and it comes early in the session.

Still too soon to know for sure if this one has legs, but R.E.A.C.H. will be weighing in on it shortly. Of course we’re busy already with this big CMS thing

You can read the full version of the new bill here.  

Also here is the grandstanding press release of the bill’s primary sponsor:

Today, Congressman David Kustoff (TN-08) and Congresswoman Deborah Ross (NC-02) reintroduced the bipartisan, Deter Obnoxious, Nefarious, and Outrageous Telephone Calls (DO NOT Call) Act in the House of Representatives. This legislation would help deter robocalls by creating stricter penalties for companies and individuals who engage in the intentional harassment of consumers. 

In 2022, Americans received more than 50 billion robocalls and lost an estimated $40 billion to telephone scams and fraud schemes; a $10 billion increase from 2021. Despite efforts by Congress and industry to combat illegal robocalls, there is little evidence that they are slowing down.

“West Tennesseans, and all Americans, can agree that robocalls are a nuisance that take away from our everyday lives,” said Congressman Kustoff. “I introduced the DO NOT Call Act with Congresswoman Ross to give our judicial system more authority to protect Americans from receiving these calls, and from being scammed and defrauded as a result. I urge my colleagues in the House of Representatives to support this crucial legislation and provide Americans much needed relief from harassing robocalls and scams.”

“Everybody hates robocalls. While there are certain limited situations where they make sense, by and large they are a way of letting someone waste our time without wasting their time. I appreciate the efforts of Congressman Kustoff to stop this relentless annoyance and look forward to using the tools he is providing to protect Tennesseans from obnoxious interruptions,” said Tennessee Attorney General Jonathan Skrmetti.

“The troubling rise in robocalls isn’t just annoying – it poses a serious threat to consumers, especially older Americans,” said Congresswoman Ross. “Malicious actors and companies are targeting vulnerable Americans with aggressive, manipulative tactics to extract sensitive personal information and defraud and scam victims. There is an urgent need for Congressional action to protect consumers, deter predatory robocalls, and hold individuals and companies accountable. I am grateful for Congressman Kustoff’s partnership on this issue and look forward to advancing this important legislation.”

“Robocallers are at best annoying and at worst a way for criminals to steal people’s hard-earned money. The scammers who make these calls need to be held responsible, which is exactly what Rep. Ross is prioritizing with her work to pass the DO NOT Call Act and impose harsher penalties for robocallers and scammers. I look forward to continuing to partner with Rep. Ross to fight to end robocalls and protect North Carolinians,” said North Carolina Attorney General Josh Stein.

My two cents: The say that doing the same thing over and over again is the definition of insanity. The TCPA already has insane penalties. Yet robocalls continue. Because the TCPA does not work.

So rather than do something that would, Congress just wants to keep heaping nonsense on top of the TCPA rather than actually get to the solution.

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