Bills Introduced in Congress to Amend TCPA, Allow Lawsuits After One Call

Bills have been introduced in both the House of Representatives and the Senate that seek to amend the Telephone Consumer Protection Act by allowing lawsuits to be filed after receiving only one telephone call and establishing $500 as the floor for any violation of the statute. One of the bill’s proponents even went as far as to claim that lead generators “compound” scams being perpetrated by selling consumers’ information to “hundreds of robocallers.”

The bills were introduced in the Senate by Sen. Dick Durbin [D-Ill.] and in the House of Representatives by Rep. Janice Schakowsky [D-Ill.]. More information about the S. 3991 is available by clicking here. More information about H.R. 7756 is available by clicking here. Both are called the Protecting American Consumers from Robocalls Act.

The bills would:

  • Allow small businesses to add their numbers to the national Do-Not-Call Registry.
  • Provide landline and cellular consumers, including small businesses, who have telephone numbers on the Do-Not-Call Registry, a private right of action after receiving one telephone call by or on behalf of the same entity in violation of the TCPA.
  • Ensure that a minimum of $500 can be levied for each violation of the Do-Not-Call Registry.

The bills are endorsed by the National Consumer Law Center, Consumer Action, Consumer Federation of America, Electronic Privacy Information Center, National Consumer League, and Public Citizen.