47 U.S. Code § 227 - Restrictions on use of telephone equipment

(2) The term “established business relationship”, for purposes only of subsection (b)(1)(C)(i), shall have the meaning given the term in section 64.1200 of title 47, Code of Federal Regulations, as in effect on January 1, 2003 , except that—

such term shall include a relationship between a person or entity and a business subscriber subject to the same terms applicable under such section to a relationship between a person or entity and a residential subscriber; and

an established business relationship shall be subject to any time limitation established pursuant to paragraph (2)(G)).[1]

The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person’s prior express invitation or permission, (B) to anyestablished business relationship, or (C) by a tax exempt nonprofit organization.

The term “unsolicited advertisement” means any material advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person’s prior express invitation or permission, in writing or otherwise.

(b) Restrictions on use of automated telephone equipment

to any emergency telephone line (including any “911” line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency);

to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or

to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, unless such call is made solely to collect a debt owed to or guaranteed by the United States;

to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the called party, unless the call is initiated for emergency purposes, is made solely pursuant to the collection of a debt owed to or guaranteed by the (C) to use any unsolicited advertisement, unless—

(ii) the sender obtained the number of the (I)

the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or

a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its facsimile number for public distribution,

except that this clause shall not apply in the case of an unsolicited advertisement that is sent based on an established business relationship with the recipient that was in existence before July 9, 2005 , if the sender possessed the facsimile machine number of the recipient before July 9, 2005 ; and

the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D),

except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a unsolicited advertisements to such (D)

to use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business are engaged simultaneously.

(2) Regulations; exemptions and other provisions The (A)

shall consider prescribing regulations to allow businesses to avoid receiving calls made using an artificial or prerecorded voice to which they have not given their prior express consent;

(B) may, by rule or order, exempt from the requirements of paragraph (1)(B) of this subsection, subject to such conditions as the (i)

calls that are not made for a commercial purpose; and (ii) such classes or categories of calls made for commercial purposes as the (I) will not adversely affect the privacy rights that this section is intended to protect; and do not include the transmission of any unsolicited advertisement;

may, by rule or order, exempt from the requirements of paragraph (1)(A)(iii) of this subsection calls to a telephone number assigned to a cellular telephone service that are not charged to the called party, subject to such conditions as the (D) shall provide that a notice contained in an unsolicited advertisement complies with the requirements under this subparagraph only if—

the notice is clear and conspicuous and on the first page of the unsolicited advertisement;

the notice states that the recipient may make a request to the sender of the unsolicited advertisement not to send any future unsolicited advertisements to a (iii)

the notice sets forth the requirements for a request under subparagraph (E); (iv) the notice includes—

a domestic contact telephone and facsimile machine number for the recipient to transmit such a request to the sender; and

a cost-free mechanism for a recipient to transmit a request pursuant to such notice to the sender of the unsolicited advertisement; the (v)

the telephone and facsimile machine numbers and the cost-free mechanism set forth pursuant to clause (iv) permit an individual or business to make such a request at any time on any day of the week; and

the notice complies with the requirements of subsection (d); (E) shall provide, by rule, that a request not to send future unsolicited advertisements to a (i) the request identifies the telephone number or numbers of the (ii)

the request is made to the telephone or facsimile number of the sender of such an unsolicited advertisement provided pursuant to subparagraph (D)(iv) or by any other method of communication as determined by the Commission; and

the person making the request has not, subsequent to such request, provided express invitation or permission to the sender, in writing or otherwise, to send such advertisements to such person at such (F) may, in the discretion of the unsolicited advertisements to their members in furtherance of the association’s tax-exempt purpose that do not contain the notice required by paragraph (1)(C)(iii), except that the (i)

by regulation issued after public notice and opportunity for public comment; and

(i) may, consistent with clause (ii), limit the duration of the existence of an established business relationship, however, before establishing any such limits, the (I)

determine whether the existence of the exception under paragraph (1)(C) relating to an established business relationship has resulted in a significant number of complaints to the unsolicited advertisements to telephone facsimile machines;

determine whether a significant number of any such complaints involve unsolicited advertisements that were sent on the basis of an established business relationship that was longer in duration than the (III)

evaluate the costs to senders of demonstrating the existence of an established business relationship within a specified period of time and the benefits to recipients of establishing a limitation on such established business relationship; and

determine whether with respect to small businesses, the costs would not be unduly burdensome; and

may not commence a proceeding to determine whether to limit the duration of the existence of an established business relationship before the expiration of the 3-month period that begins on July 9, 2005 ;

may restrict or limit the number and duration of calls made to a telephone number assigned to a cellular telephone service to collect a debt owed to or guaranteed by the (I) shall ensure that any exemption under subparagraph (B) or (C) contains requirements for calls made in reliance on the exemption with respect to—

the classes of parties that may make such calls; the classes of parties that may be called; and the number of such calls that a calling party may make to a particular called party.

(3) Private right of action A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that State—

an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such violation,

an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such violation, whichever is greater, or

both such actions.

If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.

(4) Civil forfeiture (A) In general

Any person that is determined by the section 503(b) of this title, to have violated this subsection shall be liable to thesection 503(b)(1) of this title. Paragraph (5) of section 503(b) of this title shall not apply in the case of a violation of this subsection. A forfeiture penalty under this subparagraph shall be in addition to any other penalty provided for by this chapter. The amount of the forfeiture penalty determined under this subparagraph shall be determined in accordance with subparagraphs (A) through (F) of section 503(b)(2) of this title.

(B) Violation with intent

Any person that is determined by the section 503(b) of this title, to have violated this subsection with the intent to cause such violation shall be liable to thesection 503(b)(1) of this title. Paragraph (5) of section 503(b) of this title shall not apply in the case of a violation of this subsection. A forfeiture penalty under this subparagraph shall be in addition to any other penalty provided for by this chapter. The amount of the forfeiture penalty determined under this subparagraph shall be equal to an amount determined in accordance with subparagraphs (A) through (F) of section 503(b)(2) of this title plus an additional penalty not to exceed $10,000.

(C) Recovery

Any forfeiture penalty determined under subparagraph (A) or (B) shall be recoverable under section 504(a) of this title.

(D) Procedure

No forfeiture liability shall be determined under subparagraph (A) or (B) against any person unless such person receives the notice required by section 503(b)(3) of this title or section 503(b)(4) of this title.

(E) Statute of limitations Notwithstanding paragraph (6) of section 503(b) of this title, no forfeiture penalty shall be determined or imposed against any person—

under subparagraph (A) if the violation charged occurred more than 1 year prior to the date of issuance of the required notice or notice of apparent liability; or

under subparagraph (B) if the violation charged occurred more than 4 years prior to the date of issuance of the required notice or notice of apparent liability.

(F) Rule of construction

Notwithstanding any law to the contrary, the (c) Protection of subscriber privacy rights

(1) Rulemaking proceeding required Within 120 days after December 20, 1991 , the telephone solicitations to which they object. The proceeding shall

compare and evaluate alternative methods and procedures (including the use of electronic databases, telephone network technologies, special directory markings, industry-based or company-specific “do not call” systems, and any other alternatives, individually or in combination) for their effectiveness in protecting such privacy rights, and in terms of their cost and other advantages and disadvantages;

evaluate the categories of public and private entities that would have the capacity to establish and administer such methods and procedures;

consider whether different methods and procedures may apply for local telephone solicitations, such as local telephone solicitations of small businesses or holders of second class mail permits;

consider whether there is a need for additional telephone solicitations, including those calls exempted under subsection (a)(3) of this section, and, if such a finding is made and supported by the record, propose specific restrictions to the Congress ; and

develop proposed regulations to implement the methods and procedures that the (2) Regulations specify a method by which the (B)

require each common carrier providing telephone exchange service, in accordance with regulations prescribed by thetelephone exchange service of the opportunity to provide notification, in accordance with regulations established under this paragraph, that such subscriber objects to receiving telephone solicitations;

specify the methods by which each telephone subscriber shall be informed, by the common carrier that provides local exchange service to that subscriber, of (i) the subscriber’s right to give or revoke a notification of an objection under subparagraph (A), and (ii) the methods by which such right may be exercised by the subscriber;

specify the methods by which such objections shall be collected and added to the database;

prohibit any residential subscriber from being charged for giving or revoking such notification or for being included in a database compiled under this section;

prohibit any person from making or transmitting a telephone solicitation to the telephone number of any subscriber included in such database;

specify (i) the methods by which any person desiring to make or transmit telephone solicitations will obtain access to the database, by area code or local exchange prefix, as required to avoid calling the telephone numbers of subscribers included in such database; and (ii) the costs to be recovered from such persons;

specify the methods for recovering, from persons accessing such database, the costs involved in identifying, collecting, updating, disseminating, and selling, and other activities relating to, the operations of the database that are incurred by the entities carrying out those activities;

specify the frequency with which such database will be updated and specify the method by which such updating will take effect for purposes of compliance with the regulations prescribed under this subsection;

be designed to enable State law;

prohibit the use of such database for any purpose other than compliance with the requirements of this section and any such persons whose numbers are included in such database; and

in developing procedures for gaining access to the database, consider the different needs of telemarketers conducting business on a national, regional, (B) develop a fee schedule or price structure for recouping the cost of such database that recognizes such differences and—

reflect the relative costs of providing a national, regional, telephone solicitations; reflect the relative costs of providing such lists on paper or electronic media; and not place an unreasonable financial burden on small businesses; and

consider (i) whether the needs of telemarketers operating on a local basis could be met through special markings of area white pages directories, and (ii) if such directories are needed as an adjunct to database lists prepared by area code and local exchange prefix.

(5) Private right of action A person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in violation of the regulations prescribed under this subsection may, if otherwise permitted by the laws or rules of court of a State bring in an appropriate court of that State—

an action based on a violation of the regulations prescribed under this subsection to enjoin such violation,

an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such violation, whichever is greater, or

both such actions.

It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation of the regulations prescribed under this subsection. If the court finds that the defendant willfully or knowingly violated the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.

(6) Relation to subsection (b)

The provisions of this subsection shall not be construed to permit a communication prohibited by subsection (b).

(d) Technical and procedural standards (1) Prohibition It shall be unlawful for any person within the (A)

to initiate any communication using a automatic telephone dialing system, that does not comply with the technical and procedural standards prescribed under this subsection, or to use any telephone facsimile machine or automatic telephone dialing system in a manner that does not comply with such standards; or

to use a computer or other electronic device to send any message via a (2) Telephone facsimile machines

The telephone facsimile machines to require that any such machine which is manufactured after one year after December 20, 1991 , clearly marks, in a margin at the top or bottom of each transmitted page or on the first page of each transmission, the date and time sent, an identification of the business, other entity, or individual sending the message, and the telephone number of the sending machine or of such business, other entity, or individual.

(3) Artificial or prerecorded voice systems The (A)

all artificial or prerecorded telephone messages (i) shall, at the beginning of the message, state clearly the identity of the business, individual, or other entity initiating the call, and (ii) shall, during or after the message, state clearly the telephone number or address of such business, other entity, or individual; and

any such system will automatically release the called party’s line within 5 seconds of the time notification is transmitted to the system that the called party has hung up, to allow the called party’s line to be used to make or receive other calls.

(e) Prohibition on provision of misleading or inaccurate caller identification information (1) In general

It shall be unlawful for any person within the text messaging service, to cause any caller identification service to knowingly transmit misleading or inaccurate (2) Protection for blocking caller identification information

Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller identification service to transmit (3) Regulations

(A) In general (i) In general any authorized activity of a law enforcement agency; or a court order that specifically authorizes the use of caller identification manipulation. (4) Repealed. Pub. L. 115–141, div. P, title IV, § 402(i)(3), Mar. 23, 2018 , 132 Stat. 1089 (5) Penalties (A) Civil forfeiture (i) In general

Any person that is determined by the section 503(b) of this title, to have violated this subsection shall be liable to the (ii) Recovery

Any forfeiture penalty determined under clause (i) shall be recoverable pursuant to section 504(a) of this title. Paragraph (5) of section 503(b) of this title shall not apply in the case of a violation of this subsection.

(iii) Procedure

No forfeiture liability shall be determined under clause (i) against any person unless such person receives the notice required by section 503(b)(3) of this title or section 503(b)(4) of this title.

(iv) 4-year statute of limitations

No forfeiture penalty shall be determined or imposed against any person under clause (i) if the violation charged occurred more than 4 years prior to the date of issuance of the required notice or notice or apparent liability.

(B) Criminal fine

Any person who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than $10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by section 501 of this title for such a violation. This subparagraph does not supersede the provisions of section 501 of this title relating to imprisonment or the imposition of a penalty of both fine and imprisonment.

(6) Enforcement by States (A) In general

The chief legal officer of a State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this subsection or a regulation under this subsection.

The chief legal officer or other State to provide such prior notice, the State shall provide such notice immediately upon instituting such civil action.

(C) Authority to intervene Upon receiving the notice required by subparagraph (B), the (i) to intervene in the action; upon so intervening, to be heard on all matters arising therein; and to file petitions for appeal. (D) Construction

For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the chief legal officer or other (E) Venue; service or process

An action brought under subparagraph (A) shall be brought in a district court of the section 1391 of title 28.

(ii) Service of process In an action brought under subparagraph (A)— process may be served without regard to the territorial limits of the district or of the (II)

a person who participated in an alleged violation that is being litigated in the civil action may be joined in the civil action without regard to the residence of the person.

(7) Effect on other laws

This subsection does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law enforcement agency of the State, or a political subdivision of a State, or of an intelligence agency of the (8) Definitions For purposes of this subsection:

(A) Caller identification information

The term “ caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a text messaging service.

(B) Caller identification service

The term “caller identification service” means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a text messaging service. Such term includes automatic number identification services.

(C) Text message The term “text message”—

means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code;

includes a short message service (commonly referred to as “SMS”) message and a multimedia message service (commonly referred to as “MMS”) message; and

(iii) does not include— a real-time, two-way voice or video communication; or

a message sent over an IP-enabled messaging service to another user of the same messaging service, except a message described in clause (ii).

(D) Text messaging service

The term “text messaging service” means a service that enables the transmission or receipt of a text message, including a service provided as part of or in connection with a (E) Voice service The term “ (i)

means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the section 251(e)(1) of this title; and

includes transmissions from a (9) Limitation

Notwithstanding any other provision of this section, subsection (f) shall not apply to this subsection or to the regulations under this subsection.

(f) Effect on State law

(1) State law not preempted Except for the standards prescribed under subsection (d) and subject to paragraph (2) of this subsection, nothing in this section or in the regulations prescribed under this section shall preempt any (A)

the use of automatic telephone dialing systems; the use of artificial or prerecorded voice messages; or the making of telephone solicitations. (2) State use of databases

If, pursuant to subsection (c)(3), the telephone solicitations, a State or local authority may not, in its regulation of telephone solicitations, require the use of any database, list, or listing system that does not include the part of such single national database that relates to such State.

(g) Actions by States (1) Authority of States

Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any State in violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the preceding sentence.

(2) Exclusive jurisdiction of Federal courts

The district courts of the (3) Rights of Commission

The State shall serve such notice immediately upon instituting such action. The (4) Venue; service of process

Any civil action brought under this subsection in a district court of the (5) Investigatory powers

For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence.

(6) Effect on State court proceedings

Nothing contained in this subsection shall be construed to prohibit an authorized (7) Limitation

Whenever the State may, during the pendency of such action instituted by the (8) “Attorney general” defined

As used in this subsection, the term “attorney general” means the chief legal officer of a State.

(h) Annual report to Congress on robocalls and transmission of misleading or inaccurate caller identification information

(1) Report required (A) The number of complaints received by the (i) Complaints alleging that a consumer received a call in violation of subsection (b) or (c).

Complaints alleging that a consumer received a call in violation of the standards prescribed under subsection (d).

Complaints alleging that a consumer received a call in connection with which misleading or inaccurate (B)

The number of citations issued by the section 503(b) of this title during the preceding calendar year to enforce subsection (d), and details of each such citation.

The number of notices of apparent liability issued by the section 503(b) of this title during the preceding calendar year to enforce subsections (b), (c), (d), and (e), and details of each such notice including any proposed forfeiture amount.

The number of final orders imposing forfeiture penalties issued pursuant to section 503(b) of this title during the preceding calendar year to enforce such subsections, and details of each such order including the forfeiture imposed.

The amount of forfeiture penalties or criminal fines collected, during the preceding calendar year, by the Attorney General for violations of such subsections, and details of each case in which such a forfeiture penalty or criminal fine was collected.

Proposals for reducing the number of calls made in violation of such subsections.

An analysis of the contribution by providers of interconnected VoIP service and non-interconnected VoIP service that discount high-volume, unlawful, short-duration calls to the total number of calls made in violation of such subsections, and recommendations on how to address such contribution in order to decrease the total number of calls made in violation of such subsections.

(3) No additional reporting required (i) Information sharing (1) In general Not later than 18 months after December 30, 2019 , the (A) a call made or a text message sent in violation of subsection (b); or a call or text message for which misleading or inaccurate (2) Text message defined

In this subsection, the term “text message” has the meaning given such term in subsection (e)(8).

(j) Robocall blocking service (1) In general Not later than 1 year after December 30, 2019 , theJune 6, 2019 )— (A) are provided with transparency and effective redress options for both— consumers; and callers; and [2]

are provided with no additional line item charge to consumers and no additional charge to callers for resolving complaints related to erroneously blocked calls; and

make all reasonable efforts to avoid blocking emergency public safety calls. (2) Text message defined

In this subsection, the term “text message” has the meaning given such term in subsection (e)(8).

[1] So in original. Second closing parenthesis probably should not appear.

[2] So in original. The word “and” probably should not appear.

Editorial Notes References in Text

This chapter, referred to in subsecs. (b)(4)(A), (B) and (e)(5)(A)(i), was in the original “this Act”, meaning act June 19, 1934, ch. 652, 48 Stat. 1064, known as the Communications Act of 1934, which is classified principally to this chapter. For complete classification of this Act to the Code, see section 609 of this title and Tables.

Constitutionality

For information regarding the constitutionality of provisions of subsection (b)(1)(A)(iii) of this section, see the Table of Laws Held Unconstitutional in Whole or in Part by the Supreme Court on the Constitution Annotated website, constitution. congress .gov.

Amendments

Subsec. (e)(5)(A)(ii). Pub. L. 116–105, § 3(a)(2)(A), inserted at end “Paragraph (5) of section 503(b) of this title shall not apply in the case of a violation of this subsection.”

Subsec. (e)(5)(A)(iv). Pub. L. 116–105, § 3(a)(2)(B), substituted “4-year” for “2-year” in heading and “4 years” for “2 years” in text.

Subsec. (h). Pub. L. 116–105, § 3(a)(3), added subsec. (h) and struck out former subsec. (h) which related to annual junk fax enforcement report.

2018—Subsec. (e). Pub. L. 115–141, § 503(a)(3), inserted “misleading or” before “inaccurate” in heading.

Subsec. (e)(1). Pub. L. 115–141, § 503(a)(1), substituted “or anyPub. L. 115–141, § 503(a)(4)(A), substituted “TheDecember 22, 2010 , thePub. L. 115–141, § 402(i)(3), struck out par. (4). Text read as follows: “Not later than 6 months after December 22, 2010 , theCongress whether additional legislation is necessary to prohibit the provision of inaccuratePub. L. 115–141, § 503(a)(2)(A), (B), substituted Pub. L. 115–141, § 503(a)(2)(C), added subpars. (C) to (E) and struck out former subpar. (C) which defined IP-enabledPub. L. 114–74, § 301(a)(1)(A), inserted “, unless such call is made solely to collect a debt owed to or guaranteed by thePub. L. 114–74, § 301(a)(1)(B), inserted “, is made solely pursuant to the collection of a debt owed to or guaranteed by thePub. L. 114–74, § 301(a)(2), added subpar. (H).

2010—Subsecs. (e) to (h). Pub. L. 111–331 added subsec. (e) and redesignated former subsecs. (e) to (g) as (f) to (h), respectively.

2005—Subsec. (a)(2) to (4). Pub. L. 109–21, § 2(b), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Former par. (4) redesignated (5).

Subsec. (a)(5). Pub. L. 109–21, § 2(b)(1), (g), redesignated par. (4) as (5) and inserted “, in writing or otherwise” before period at end.

Subsec. (b)(1)(C). Pub. L. 109–21, § 2(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “to use anyPub. L. 109–21, § 2(c)–(f), added subpars. (D) to (G).

2003—Subsec. (b)(1). Pub. L. 108–187 inserted “, or anyPub. L. 103–414, § 303(a)(11), substituted “paragraph” for “paragraphs”.

Subsec. (e)(2). Pub. L. 103–414, § 303(a)(12), substituted “national database” for “national datebase” after “such single”.

1992—Subsec. (b)(2)(C). Pub. L. 102–556 added subpar. (C).

Statutory Notes and Related Subsidiaries Effective Date of 2019 Amendment; Applicability

“The amendments made by this section [amending this section] shall not affect any action or proceeding commenced before and pending on the date of the enactment of this Act [ Dec. 30, 2019 ].”

Effective Date of 2018 Amendment

“The amendments made by this subsection [amending this section] shall take effect on the date that is 6 months after the date on which the Federal Communications Commission ] prescribes regulations under paragraph (4) [set out as a note under this section].”

[Regulations adopted by Order of Federal Communications Commission released Aug. 5, 2019 , with final rule effective Feb. 5, 2020 , see 84 F.R. 45669.]

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–187 effective Jan. 1, 2004 , see section 16 of Pub. L. 108–187, set out as an Effective Date note under section 7701 of Title 15, Commerce and Trade.

Effective Date; Deadline for Regulations “(1) Regulations.—

The Federal Communications Commission shall prescribe regulations to implement the amendments made by this section [enacting this section and amending section 152 of this title] not later than 9 months after the date of enactment of this Act [ Dec. 20, 1991 ].

“(2) Effective date.—

The requirements of section 227 of the Communications Act of 1934 [this section] (as added by this section), other than the authority to prescribe regulations, shall take effect one year after the date of enactment of this Act [ Dec. 20, 1991 ].”

Regulations

“Not later than 9 months after the date of enactment of this Act [ Nov. 2, 2015 ], the Federal Communications Commission , in consultation with the Department of the Treasury , shall prescribe regulations to implement the amendments made by this section [amending this secton].”

“Except as provided in section 227(b)(2)(G)(ii) of the Communications Act of 1934 [47 U.S.C. 227(b)(2)(G)(ii)] (as added by subsection (f)), not later than 270 days after the date of enactment of this Act [ July 9, 2005 ], the Federal Communications Commission shall issue regulations to implement the amendments made by this section.”

Separability

“If any provision of this Act [see Short Title of 2019 Amendment note set out under section 609 of this title], the amendments made by this Act, or the application thereof to any Construction

“Nothing in this section [enacting section 227a of this title, amending this section, and enacting provisions set out as notes under this section], or the amendments made by this section, shall be construed to modify, limit, or otherwise affect any rule or order adopted by theFederal Communications Commission ] in connection with—

the Telephone Consumer Protection Act of 1991 (Public Law 102–243; 105 Stat. 2394) [see Short Title of 1991 Amendment note set out under section 609 of this title] or the amendments made by that Act; or

the CAN–SPAM Act of 2003 (15 U.S.C. 7701 et seq.).” Protections From Spoofed Calls “(a) In General.—

the Government Accountability Office report on combating the fraudulent provision of misleading or inaccuratePublic Law 115–141) [132 Stat. 1093];

the best means of ensuring that a subscriber or provider has the ability to block calls from a caller using an unauthenticated North American Numbering Plan number;

the impact on the privacy of a subscriber from unauthenticated calls; the effectiveness in verifying the accuracy of “(5)

the availability and cost of providing protection from the unwanted calls or Transitional Rule Regarding Definition of Text Message

“Paragraph (2) of subsection (i) of section 227 of the Communications Act of 1934 (47 U.S.C. 227), as added by subsection (a) of this section, and paragraph (2) of subsection (j) of such section 227, as added by subsection (b) of this section, shall apply before the effective date of the amendment made to subsection (e)(8) of such section 227 by subparagraph (C) of section 503(a)(2) of division P of the Consolidated Appropriations Act, 2018 (Public Law 115–141) [see 2018 Amendment and Effective Date of 2018 Amendment notes set out above] as if such amendment was already in effect.”

Protection From One-Ring Scams “(a) Initiation of Proceeding.— “(b) Matters To Be Considered.— As part of the proceeding required by subsection (a), the “(1) work with Federal and “(2) work with the governments of foreign countries to address one-ring scams;

in consultation with the Federal Trade Commission , better educate consumers about how to avoid one-ring scams;

incentivize “(5) work with entities that provide call-blocking services to address one-ring scams; and

establish obligations on international gateway providers that are the first point of entry for these calls into the “(c) Report to Congress.—

“(d) Definitions.— In this section: “(1) One-ring scam.—

The term ‘one-ring scam’ means a scam in which a caller makes a call and allows the call to ring the called party for a short duration, in order to prompt the called party to return the call, thereby subjecting the called party to charges.

“(3) Voice service.—

The term ‘Communications Act of 1934 (47 U.S.C. 227(e)(8)). This paragraph shall apply before the effective date of the amendment made to such section by subparagraph (C) of section 503(a)(2) of division P of the Consolidated Appropriations Act, 2018 (Public Law 115–141) [see 2018 Amendment and Effective Date of 2018 Amendment notes set out above] as if such amendment was already in effect.”

Annual Robocall Report “(a) In General.—

A description of private-led efforts to trace back the origin of suspected unlawful robocalls by the registered consortium and the actions taken by the registered consortium to coordinate with the “(2)

A list of each “(4) The reason, if any, each “(5) A description of how the “(c) Additional Information.—

Not later than 210 days after the date of the enactment of this Act [ Dec. 30, 2019 ], and annually thereafter, the “(d) Registration of Consortium of Private-Led Efforts To Trace Back the Origin of Suspected Unlawful Robocalls.—

“(1) In general.— Not later than 90 days after the date of the enactment of this Act, the “(A)

Be a neutral third party competent to manage the private-led effort to trace back the origin of suspected unlawful robocalls in the judgement of the “(B)

Maintain a set of written best practices about the management of such efforts and regarding providers of “(C)

Consistent with section 222(d)(2) of the Communications Act of 1934 (47 U.S.C. 222(d)(2)), any private-led efforts to trace back the origin of suspected unlawful robocalls conducted by the third party focus on ‘fraudulent, abusive, or unlawful’ traffic.

File a notice with the “(2) Annual notice by the commission seeking registrations.—

Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the “(e) List of Voice Service Providers.—

“(1) Private-led effort to trace back.—

The term ‘private-led effort to trace back’ means an effort made by the registered consortium of “(2) Registered consortium.—

The term ‘registered consortium’ means the consortium registered under subsection (d). “(3) Suspected unlawful robocall.—

The term ‘suspected unlawful robocall’ means a call that the Communications Act of 1934 (47 U.S.C. 227).

“(4) Voice service.— The term ‘ “(A)

means any service that is interconnected with the public switched telephone network and that furnishes voice communications to an end user using resources from the North American Numbering Plan or any successor to the North American Numbering Plan adopted by the Communications Act of 1934 (47 U.S.C. 251(e)(1)); and

“(B) includes— transmissions from a “(ii)

without limitation, any service that enables real-time, two-way voice communications, including any service that requires internet protocol-compatible Hospital Robocall Protection Group