Thune Readying Anti-Robocall Traced Act for Post-Recess Senate Passage
Senate Communications Subcommittee Chairman John Thune, R-S.D., said he's aiming for the chamber to pass the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (S-151) by unanimous consent (UC) once Congress returns at the end of April from its two-week recess. Thune and other subcommittee members boosted the bill during Thursday's hearing on illegal robocalls. S-151 would increase FCC authority to act against robocalls violating the Telephone Consumer Protection Act. It would increase coordination between federal agencies and state attorneys general in a bid to increase criminal prosecution of illegal robocallers (see 1901170039). Other anti-robocall legislation is also coming, lawmakers said.
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Thune appeared confident S-151 will clear hotlines of the Senate GOP and Democratic caucuses needed to pass legislation under UC, telling reporters he's unaware of any senators who objected to the measure. Senate Commerce advanced S-151 on a voice vote earlier this month (see 1904030078). Some stakeholders raised concerns about the bill's “potential implications on legitimate calls,” but it “generally enjoys pretty broad support,” Thune said. “I don't think there's anything that is preventing” S-151 from coming up before the recess under UC “other than the normal course of time that it takes” for Senate Commerce to issue its report on the bill and complete other necessary paperwork.
Other Senate Communications members supported S-151, as did the three witnesses: Nebraska Attorney General Doug Peterson (R), National Consumer Law Center Counsel Margot Saunders and Wiley Rein's Kevin Rupy, who spoke on behalf of USTelecom. Senate Consumer Protection Subcommittee ranking member Richard Blumenthal, D-Conn., backed S-151's aim of increasing criminal prosecution of illegal robocallers, saying “nothing speaks as loudly as prison time.” Sen. Jon Tester, D-Mont., hopes the Senate can pass S-151 “by UC” given bipartisan hatred for illegal robocalls. "There is no single silver bullet to the robocall problem," Rupy said.
Blumenthal said he's refiling his Repeated Objectionable Bothering of Consumers on Phones (Robocop) Act, which would force all telecom companies to install free telemarketing blockers and verify the numbers on caller IDs (see 1606060030). Rupy and Saunders pushed back when Blumenthal pressed them on whether they would support the mandate for carriers to provide free call blocking and caller ID verification apps to subscribers. Carriers and phone vendors will inevitably pass on the cost of the free apps to ratepayers, which will most hurt the poorest consumers, Saunders said. Allowing companies to maintain “diversity” in tools and approaches to combating robocalls “is the best approach,” Rupy said.
Senate Minority Whip Dick Durbin, D-Ill., meanwhile, plans to file legislation after recess “which would enhance the private right of action for consumers receiving calls which they have not consented to receiving and make private right of action more effective for landlines,” an aide emailed. Durbin's office “consulted with consumer groups,” the FCC and FTC “on ways to help consumers deal with the growing number of robocalls” in the U.S., the aide said. Saunders alluded to Durbin's coming bill during the hearing.
Thune believes the Senate should consider the Robocop Act and other related bills separately from S-151. “We came out of [Senate Commerce] with a unanimous vote” to advance S-151 “and anytime you start adding things” to a bill with that level of support, it has the potential to “create some additional … reasons for people to be against it,” Thune told reporters. “We've got good forward momentum, we want to capitalize on that and at least get this legislation done.” Senate Commerce will then “take a look at other things we might be able to do,” he said.
Thune believes mandating companies provide free anti-robocall software is a “fair request.” Senate Communications should “take a look” at the Robocop Act because “I'd be curious to hear [companies'] rationale for why they feel like they need to charge” for antirobocall apps, he said. “It strikes me at least that this is a big enough problem that they would want to help solve it.” If those companies have “technologies or apps that could be applied by people that would prevent these types of calls from reaching them,” the companies should “want to see that happen,” Thune said.
Commissioner Jessica Rosenworcel later tweeted, "Glad to see at the Senate #robocalls hearing today a call for carriers to make free tools to block these calls available to every consumer. I called for this last year & in testimony before the House last week. It's time for the @FCC to make this happen." The agency declined to comment.