House Communications Advances Stopping Bad Robocalls Act Amid Traced Act Concerns
The House Communications Subcommittee advanced the compromise Stopping Bad Robocalls Act (HR-3375) Tuesday. But Senate Majority Whip John Thune, R-S.D., also renewed his concerns about it not being a direct companion to his Senate-passed Telephone Robocall Abuse Criminal Enforcement and Deterrence (Traced) Act (S-151). HR-3375 would clarify the definition of a robocall and clarify exemptions to the Telephone Consumer Protection Act. It would direct the FCC to issue rules requiring carriers to offer opt-out robocall blocking and caller ID services to consumers for free; increases to three years -- and in some cases, four -- the statute of limitations for illegal spoofing; and would increase FCC ability to impose fines (see 1906200061).
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Thune told reporters Tuesday he would prefer the House “pick up” S-151 “and pass it” rather than move forward with consideration of HR-3375. He cited concerns that a bill that goes beyond the S-151 text could attract “more detractors” and would force a conference to reconcile differences between the two bills. S-151 would increase FCC authority, allowing the agency to levy civil penalties of up to $10,000 per call when the caller intentionally flouts TCPA. The bill would extend to three years the enforcement window (see 1901170039).
A conference on the two measures only "prolongs what should be a fairly simple and straightforward and process” of moving consensus anti-robocall legislation through Congress, Thune said. If House lawmakers “want to continue to work on” robocall issues and find additional solutions, "that's great." But "we have a pretty carefully vetted, thought through” bill in S-151 that “does get at the heart of the issue that we're trying to solve.” Senators passed S-151 in late May on a 97-1 vote in late May (see 1905230048).
House Communications Chairman Mike Doyle, D-Pa., told reporters Tuesday he'd “be amazed” if the Senate didn't take up HR-3375 assuming the House passes the measure. But he “can't predict” what the Senate will do. “We've had long negotiations” within House Communications to reach a bipartisan consensus “and this gets us where we want to be” on addressing robocall issues, he said during a separate interview. “We'll see” how the measure later will be reconciled with S-151.
“We know [HR-3375] still has a journey” to make it through both chambers but “I think we've got a good product here, the best that we could get,” House Commerce Committee ranking member Greg Walden, R-Ore., told reporters. “We'll continue to lean forward” on the bill “and then see where we end up after we talk to the Senate.” He said his office and others are continuing to work with banks and credit unions to resolve their ongoing concerns about HR-3375, though “I think we've resolved” many of those issues already. The Credit Union National Association and the National Association of Federally-Insured Credit Unions both wrote House Communications ahead of the Tuesday markup.
House Communications approved four amendments on voice votes, all of which draw on language from other anti-robocall measures. House Commerce Vice Chair Yvette Clarke, D-N.Y., added the text of her Ending One-Ring Scams Act. HR-3264 would require the FCC to launch a proceeding to “protect called parties from one-ring scams.”
Rep. Darren Soto, D-Fla., included language from the Spam Calls Task Force Act (HR-721) on behalf of lead sponsor Rep. Charlie Crist, D-Fla. It would create an interagency working group to study TCPA enforcement, including what policies help or hinder enforcing the statute and whether additional resources or bills are needed to improve the situation. The group would include members from the FCC, FTC, NTIA and other Commerce Department agencies, the departments of Homeland Security and State and the Consumer Financial Protection Bureau. The group would also consult non-federal stakeholders.
Reps. Donald McEachin, D-Va., and Pete Olson, R-Texas, inserted text from their Locking Up Robocallers Act. HR-3325 which would direct the FCC Enforcement Bureau to give the attorney general any evidence it obtains “that suggests a willful, knowing, and repeated robocall violation with an intent to defraud, cause harm, or wrongfully obtain anything of value” (see 1906190071).
Rep. G.K. Butterfield, D-N.C., added language from his newly-filed Tracing Back and Catching Unlawful Robocallers Act. HR-3434 would require the FCC publish an annual report on the telecom industry’s efforts to trace suspected illegal robocalls to their origins. It would direct the FCC to publish a list of voice service providers who aren't “sufficiently” participating in efforts to stop illegal robocalls.
Rep. Anna Eshoo, D-Calif., filed and withdrew an amendment containing her Help Americans Never Get Unwanted Phone Calls (Hangup) Act (HR-1421). The bill and Senate companion S-626 would close a loophole in TCPA created in the 2015 Bipartisan Budget Act (see 1902280062). Eshoo said she hopes to work with GOP colleagues to “find a bipartisan solution” that would add some version of HR-1421 language before House Commerce holds its markup of HR-3375. Walden and House Communications ranking member Bob Latta, R-Ohio, said they are willing to continue negotiating to address their concerns about the HR-1421 text.