PRIA, Government Policy, Made Personal

Summary

If the Chief of the Enforcement Bureau finds evidence that a robocall was done willfully, knowingly, and repeatedly with the intent to defraud, cause harm, or wrongfully get something of value, the Chief must give that evidence to the Attorney General. Not later than 1 year after December 30, 2019, and annually after that, the Commission must post a report on its website and send it to the House Committee on Energy and Commerce and the Senate Committee on Commerce, Science, and Transportation. The report must say how many times in the prior year the Chief gave such evidence to the Attorney General and provide a short summary of the kinds of robocall violations involved. Giving the evidence does not stop the Commission or the Chief from referring cases to the Attorney General under other laws or from continuing enforcement actions. Robocall violation — a breach of subsection (b) or (e) of section 227.

Title 47, §227b–2

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(a)If the Chief of the Enforcement Bureau of the Commission obtains evidence that suggests a willful, knowing, and repeated robocall violation with an intent to defraud, cause harm, or wrongfully obtain anything of value, the Chief of the Enforcement Bureau shall provide such evidence to the Attorney General.

(b)Not later than 1 year after December 30, 2019, and annually thereafter, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—

(1)states the number of instances during the preceding year in which the Chief of the Enforcement Bureau provided the evidence described in subsection (a) to the Attorney General; and

(2)contains a general summary of the types of robocall violations to which such evidence relates.

(c)Nothing in this section shall be construed to affect the ability of the Commission or the Chief of the Enforcement Bureau under other law—

(1)to refer a matter to the Attorney General; or

(2)to pursue or continue pursuit of an enforcement action in a matter with respect to which the Chief of the Enforcement Bureau provided the evidence described in subsection (a) to the Attorney General.

(d)In this section, the term “robocall violation” means a violation of subsection (b) or (e) of section 227 of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Pallone-Thune Telephone Robocall Abuse Criminal

Enforcement

and Deterrence Act, also known as the Pallone-Thune TRACED Act, and not as part of the Communications Act of 1934 which comprises this chapter.

Statutory Notes and Related Subsidiaries

Definition For definition of “Commission” as used in this section, see section 2 of Pub. L. 116–105, set out as a note under section 227 of this title.

§227b–2 Provision of Evidence of Certain Robocall Violations to Attorney General