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Home General News

Senators Behind TRACED Act Want Justice Dept. To Start Working on Implementing New Law

mikegibb by mikegibb
February 10, 2020
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Two of the Senators behind the TRACED Act have sent a letter to the Attorney General, asking the Justice Department to get cracking on forming an interagency working group that will help better prosecute and deter illegal robocalls.

The letter, sent by Sen. Edward Markey [D-Mass.] and Sen. John Thune [R-S.D.], asks William Barr to “swiftly and forcefully” begin implementation of the working group, which includes the Federal Communications Commission.

“The interagency working group, under your direction, has enormous potential to help with the deterrence of illegal and abusive robocalls at home and abroad,” the Senators wrote. “We encourage you to devote all necessary resources to vigorously carry out your duties required by the TRACED Act and look forward to reviewing your recommendations on the prevention and prosecution of illegal robocalls.”

The President signed the TRACED Act into law last month.

Among the major provisions of the law are:

  • 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 said that “even a one-year longer statute of limitations for enforcement” would improve enforcement against violators.
  • Broadens the authority of the FCC to levy civil penalties of up to $10,000 per call on people who intentionally flout telemarketing restrictions.
  • It requires implementation of the STIR/SHAKEN call authentication protocols at no additional charge to consumers
  • 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.

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