Looks like the Do Not Disturb Act might not be the only proposed changes to the TCPA in Congress.

Senator Dick Durbin (D-Ill) introduced a new bill aimed to make some changes to the TCPA. The bill, entitled the “Protecting Consumers from Robocalls Act“, would make some subtle but important changes to the TCPA.

First, the bill proposes to remove the word “residential” from sections of the TCPA dealing with the establishment of a Do Not Call database. This would attempt to clarify all telephone numbers would be allowed to be on the DNC list, not just residential phone numbers. The bill doesn’t specifically state it allows small businesses to place their numbers on the DNC, but in practice, that could be the effect.

Second, and more importantly, the bill proposes to make two changes to the section of the Act dealing with private rights of action for enforcing the TCPA.

The bill would remove the phrase “more than one telephone call within a 12-month period by or on behalf of the same entity”. This phrase would be replaced by “a telephone call by or on behalf of an entity”. So, if this bill would be enacted as written, even one prohibited call could open a caller to liability.

Furthermore, the bill also strikes the phrase “up to” from penalty section. So, no longer are the calls subject to a penalty up to $500 per call, it would be a flat $500 per call.

Finally, the bill instructs the FCC to issue new regulations to implement the changes.

The second portion of the bill regarding the private right action is almost identical to a bill introduced by Durbin in 2019.

So, potentially could be something, but history doesn’t appear to be on Durbin’s side on this one.

Also noteworthy, in one of the press releases announcing the bill, the following language was found:

The bill is endorsed by the National Consumer Law Center (on behalf of its low-income clients), Consumer Action, Consumer Federation of America, Electronic Privacy Information Center, National Consumer League, and Public Citizen.

Hmmmmmm…….that’s an interesting mix of people.