US Codex
Bill
Notes

H.R. 2610 — what changed

Fraud and Scam Reduction Act

From Introduced in House to Reported in House. 2 sections amended and 11 added between Introduced in House and Reported in House.

Section 1 Short title; table of contents

(a)
added Short title— This Act may be cited as the “Fraud and Scam Reduction Act”.
(b)
added Table of contents— The table of contents for this Act is as follows:

removed This Act may be cited as the “Stop Senior Scams Act”.

Sec. 2 Commission defined

added In this Act, the term Commission means the Federal Trade Commission.

(a)
removed Establishment— There is established a Senior Scams Prevention Advisory Council (referred to in this Act as the Advisory Council).
(b)
removed Members— The Advisory Council shall be composed of the following individuals or their designees:
(1)
removed The Chairman of the Federal Trade Commission.
(2)
removed The Secretary of the Treasury.
(3)
removed The Attorney General.
(4)
removed The Director of the Bureau of Consumer Financial Protection.
(5)
removed Not more than 2 representatives from each of the following sectors, including trade associations, to be selected by the Chairman of the Federal Trade Commission:
(A)
removed Retail.
(B)
removed Gift card.
(C)
removed Telecommunications.
(D)
removed Wire-transfer services.
(E)
removed Senior peer advocates.
(F)
removed Consumer advocacy organization with efforts focused on preventing seniors from becoming the victims of scams.
(G)
removed Financial services, including institutions who engage in digital currency.
(H)
removed Prepaid cards.
(6)
removed A member of the Board of Governors of the Federal Reserve System.
(7)
removed A prudential regulator, as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
(8)
removed The Director of the Financial Crimes Enforcement Network.
(9)
removed Any other Federal, State, or local agency, industry representative, consumer advocate, or entity, as determined by the Chairman of the Federal Trade Commission.
(c)
removed Duties—
(1)
removed In general— The Advisory Council shall, while considering public comment—
(A)
removed collect information on the existence, use, and success of model educational materials and programs for retailers, financial services providers, and wire-transfer companies, that—
(i)
removed may be used as a guide to educate employees on how to identify and prevent scams that affect seniors; and
(ii)
removed include—
(I)
removed useful information for retailers, financial services providers, and wire transfer companies for the purpose described in clause (i);
(II)
removed training for employees on ways to identify and prevent such scams;
(III)
removed the best methods for keeping employees up to date on the latest scams;
(IV)
removed the most effective signage and best placement for signage in retail locations to warn seniors about scammers’ use of gift cards, prepaid cards, and wire transfer services;
(V)
removed suggestions on effective collaborative community education campaigns;
(VI)
removed available technology to assist in identifying possible scams at the point of sale; and
(VII)
removed other information that would be helpful to retailers, wire transfer companies, financial institutions, and their employees as they work to prevent fraud affecting seniors; and
(B)
removed based on the information collected under subparagraph (A)—
(i)
removed identify inadequacies, omissions, or deficiencies in such educational materials and programs for the categories listed in subparagraph (A) and their execution in reaching employees to protect seniors from scams; and
(ii)
removed create model materials that fill those inadequacies, omissions, or deficiencies.
(2)
removed Encouraged use— The Chairman of the Federal Trade Commission shall, after the public comment period is complete—
(A)
removed make the model educational materials and programs and information about execution of the programs described in paragraph (1) publicly available; and
(B)
removed encourage the use and distribution of the materials created under this subsection to prevent scams affecting seniors by governmental agencies and the private sector.
(d)
removed Reports— Section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) is amended—
(1)
removed in subparagraph (C), by striking “and” at the end;
(2)
removed in subparagraph (D), by striking the period at the end and inserting “; and”; and
(3)
removed by adding at the end the following:

removed “(E) for the Federal Trade Commission, include information on—

removed “(i) the Senior Scams Prevention Advisory Council’s model educational materials and program, any recommendations of such Advisory Council, and any views or considerations made by members of the Advisory Council or by public comment that were not included in the Advisory Council’s model materials or considered an official recommendation by the Advisory Council;

removed “(ii) the Senior Scams Prevention Advisory Council’s findings about senior scams (including information about the ways scams affect seniors, including the negative effects on their well-being); and

removed “(iii) any recommendations on ways stakeholders can continue to work together to reduce scams affecting seniors.”

(e)
removed Termination— This Act, and the amendments made by this Act, cease to be in effect on the date that is 5 years after the date of enactment of this Act.

Sec. 101 Short title

added

added This title may be cited as the “Stop Senior Scams Act”.

Sec. 102 Senior Scams Prevention Advisory Group

added
(a)
added Establishment of Senior Scams Prevention Advisory Group— There is established a Senior Scams Prevention Advisory Group (referred to in this section as the Advisory Group).
(b)
added Members— The Advisory Group shall be composed of stakeholders such as the following individuals or the designees of such individuals:
(1)
added The Chairman of the Federal Trade Commission.
(2)
added The Secretary of the Treasury.
(3)
added The Attorney General.
(4)
added The Director of the Bureau of Consumer Financial Protection.
(5)
added Representatives from each of the following sectors, including trade associations, to be selected by Federal Trade Commission:
(A)
added Retail.
(B)
added Gift cards.
(C)
added Telecommunications.
(D)
added Wire-transfer services.
(E)
added Senior peer advocates.
(F)
added Consumer advocacy organizations with efforts focused on preventing seniors from becoming the victims of scams.
(G)
added Financial services, including institutions that engage in digital currency.
(H)
added Prepaid cards.
(6)
added A member of the Board of Governors of the Federal Reserve System.
(7)
added A prudential regulator, as defined in section 1002 of the Consumer Financial Protection Act of 2010 (12 U.S.C. 5481).
(8)
added The Director of the Financial Crimes Enforcement Network.
(9)
added Any other Federal, State, or local agency, industry representative, consumer advocate, or entity, as determined by the Federal Trade Commission.
(c)
added No compensation for members— A member of the Advisory Group shall serve without compensation in addition to any compensation received for the service of the member as an officer or employee of the United States, if applicable.
(d)
added Duties—
(1)
added In general— The Advisory Group shall—
(A)
added collect information on the existence, use, and success of educational materials and programs for retailers, financial services, and wire-transfer companies, which—
(i)
added may be used as a guide to educate employees on how to identify and prevent scams that affect seniors; and
(ii)
added include—
(I)
added useful information for retailers, financial services, and wire transfer companies for the purpose described in clause (i);
(II)
added training for employees on ways to identify and prevent senior scams;
(III)
added best practices for keeping employees up to date on current scams;
(IV)
added the most effective signage and placement in retail locations to warn seniors about scammers’ use of gift cards, prepaid cards, and wire transfer services;
(V)
added suggestions on effective collaborative community education campaigns;
(VI)
added available technology to assist in identifying possible scams at the point of sale; and
(VII)
added other information that would be helpful to retailers, wire transfer companies, financial institutions, and their employees as they work to prevent fraud affecting seniors; and
(B)
added based on the findings in subparagraph (A)—
(i)
added identify inadequacies, omissions, or deficiencies in those educational materials and programs for the categories listed in subparagraph (A) and their execution in reaching employees to protect older adults; and
(ii)
added create model materials, best practices guidance, or recommendations to fill those inadequacies, omissions, or deficiencies that may be used by industry and others to help protect older adults from scams.
(2)
added Encouraged use— The Federal Trade Commission shall—
(A)
added make the materials or guidance created by the Federal Trade Commission described in paragraph (1) publicly available; and
(B)
added encourage the use and distribution of the materials created under this subsection to prevent scams affecting seniors by governmental agencies and the private sector.
(e)
added Reports— Section 101(c)(2) of the Elder Abuse Prevention and Prosecution Act (34 U.S.C. 21711(c)(2)) is amended—
(1)
added in subparagraph (C), by striking “and” at the end;
(2)
added in subparagraph (D), by striking the period at the end and inserting “; and”; and
(3)
added by adding at the end the following:

added “(E) for the Federal Trade Commission, in relevant years, information on—

added “(i) the newly created materials, guidance, or recommendations of the Senior Scams Prevention Advisory Group established under section 2 of the Stop Senior Scams Act, and any relevant views or considerations made by members of the Advisory Group that were not included in the Advisory Group’s model materials or considered an official recommendation by the Advisory Group;

added “(ii) the Senior Scams Prevention Advisory Group’s findings about senior scams and industry educational materials and programs; and

added “(iii) any recommendations on ways stakeholders can continue to work together to reduce scams affecting seniors.”

(f)
added Termination— This Act, and the amendments made by this Act, ceases to be effective on the date that is 5 years after the date of enactment of this Act.

Sec. 201 Short title

added

added This title may be cited as the “Seniors Fraud Prevention Act of 2020”.

Sec. 202 Senior Fraud Advisory Office

added
(a)
added Establishment of advisory office— The Federal Trade Commission shall establish an office within the Bureau of Consumer Protection for the purpose of advising the Commission on the prevention of fraud targeting seniors and to assist the Commission with the following:
(1)
added Oversight— The advisory office shall monitor the market for mail, television, internet, telemarketing, and recorded message telephone call (hereinafter referred to as “robocall”) fraud targeting seniors and shall coordinate with other relevant agencies regarding the requirements of this section.
(2)
added Consumer education— The Commission through the advisory office shall, in consultation with the Attorney General, the Secretary of Health and Human Services, the Postmaster General, the Chief Postal Inspector for the United States Postal Inspection Service, and other relevant agencies—
(A)
added disseminate to seniors and families and caregivers of seniors general information on mail, television, internet, telemarketing, and robocall fraud targeting seniors, including descriptions of the most common fraud schemes;
(B)
added disseminate to seniors and families and caregivers of seniors information on reporting complaints of fraud targeting seniors either to the national toll-free telephone number established by the Commission for reporting such complaints, or to the Consumer Sentinel Network, operated by the Commission, where such complaints will become immediately available to appropriate law enforcement agencies, including the Federal Bureau of Investigation and the attorneys general of the States;
(C)
added in response to a specific request about a particular entity or individual, provide publically available information of enforcement action taken by the Commission for mail, television, internet, telemarketing, and robocall fraud against such entity; and
(D)
added maintain a website to serve as a resource for information for seniors and families and caregivers of seniors regarding mail, television, internet, telemarketing, robocall, and other identified fraud targeting seniors.
(3)
added Complaints— The Commission through the advisory office shall, in consultation with the Attorney General, establish procedures to—
(A)
added log and acknowledge the receipt of complaints by individuals who believe they have been a victim of mail, television, internet, telemarketing, and robocall fraud in the Consumer Sentinel Network, and shall make those complaints immediately available to Federal, State, and local law enforcement authorities; and
(B)
added provide to individuals described in subparagraph (A), and to any other persons, specific and general information on mail, television, internet, telemarketing, and robocall fraud, including descriptions of the most common schemes using such methods of communication.
(b)
added Commencement— The Commission shall commence carrying out the requirements of this section not later than one year after the date of enactment of this Act.

Sec. 301 Short title

added

added This title may be cited as the “Protecting Seniors from Emergency Scams Act”.

Sec. 302 FTC report on scams targeting seniors during emergencies

added

added Not later than 30 days after the date of enactment of this Act, the Federal Trade Commission (referred to in this Act as the Commission) shall submit a report to Congress including—

(1)
added a description of the number and types of scams identified by the Commission as being targeted at senior citizens; and
(2)
added policy recommendations to prevent such scams, especially as such scams relate to future national emergencies.

Sec. 303 Increasing awareness of scams targeting seniors

added
(a)
added In general— As soon as practicable after the date of enactment of this Act, the Commission shall update its web portal to include the latest information, searchable by region and type of scam, on scams targeting seniors, including contacts for relevant law enforcement and adult protective service agencies.
(b)
added Coordination with media outlets and law enforcement— The Commission shall work with media outlets and law enforcement to distribute the information included in the web portal of the Commission pursuant to subsection (a) to senior citizens and their families and caregivers.

Sec. 401 Short title

added

added This title may be cited as the “Protecting Indian Tribes from Scams Act”.

Sec. 402 FTC report on unfair or deceptive acts or practices targeting Indian Tribes

added
(a)
added FTC report— Not later than 1 year after the date of the enactment of this Act, and after consultation with Indian Tribes, the Commission shall make publicly available on the website of the Commission and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes, including—
(1)
added a description of the types of unfair or deceptive acts or practices identified by the Commission as being targeted at Indian Tribes or members of Indian Tribes;
(2)
added a description of the consumer education activities of the Commission with respect to such acts or practices;
(3)
added a description of the efforts of the Commission to collaborate with Indian Tribes to prevent such acts or practices or to pursue persons using such acts or practices;
(4)
added a summary of the enforcement actions taken by the Commission related to such acts or practices; and
(5)
added any recommendations for legislation to prevent such acts or practices.
(b)
added Increasing awareness of unfair or deceptive acts or practices targeting Indian Tribes— Not later than 6 months after the date of the submission of the report required by subsection (a), the Commission shall update the website of the Commission to include information for consumers and businesses on identifying and avoiding unfair or deceptive acts or practices targeted at Indian Tribes or members of Indian Tribes.

Sec. 501 Short title

added

added This title may be cited as the “FTC Collaboration Act of 2020”.

Sec. 502 Unfair and deceptive practices cooperation study

added
(a)
added In general—
(1)
added Study required— Not later than 1 year after the date of the enactment of this Act, the Federal Trade Commission shall conduct a study on facilitating and refining existing efforts with State Attorneys General to prevent, publicize, and penalize frauds and scams being perpetrated on individuals in the United States.
(2)
added Requirements of study— In conducting the study, the Commission shall examine the following:
(A)
added The roles and responsibilities of the Commission and State Attorneys General that best advance collaboration and consumer protection.
(B)
added The policies, procedures, and mechanisms that facilitate cooperation and communications across the Commission.
(C)
added How resources should be dedicated to best advance such collaboration and consumer protection.
(D)
added The accountability mechanisms that should be implemented to promote collaboration and consumer protection.
(3)
added Consultation and public comment— In producing the study required in paragraph (1), the Commission shall—
(A)
added consult with—
(i)
added the National Association of State Attorneys General;
(ii)
added public interest organizations dedicated to consumer protection;
(iii)
added relevant private sector entities; and
(iv)
added any other Federal or State agency that the Federal Trade Commission considers necessary; and
(B)
added provide opportunity for public comment and advice relevant to the production of the study.
(b)
added Report to congress— Not later than 6 months after the completion of the study required pursuant to subsection (a), the Commission shall submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, and make publicly available on the website of the Commission, a report that contains the following:
(1)
added The results of the study.
(2)
added Recommended best practices to enhance collaboration efforts between the Commission and State Attorneys General with respect to preventing, publicizing, and penalizing fraud and scams.
(3)
added Quantifiable metrics by which enhanced collaboration can be measured.
(4)
added Legislative recommendations, if any, to enhance collaboration efforts between the Commission and State Attorneys General to prevent, publicize, and penalize fraud and scams.