US Codex
Bill
Notes

To amend the Communications Act of 1934 to prohibit the use of automated telephone equipment to send unsolicited text messages, and for other purposes.

H.R. 8334 · 117th Congress · Jul 12, 2022 · Lineage

A BILL

Section 1 Restrictions on the use of automated telephone equipment

(a)
In general— Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
in subparagraph (A), by striking “, using a random or sequential number generator” and inserting “or sent a text message”; and
(ii)
in subparagraph (B), by striking “dial such numbers” and inserting “automatically dial or send a text message to such numbers”; and
(B)
by redesignating paragraph (5) as paragraph (6) and inserting after paragraph (4) the following new paragraph:

“(5) The term text message has the meaning given such term in subsection (e)(8).”

(2)
in subsection (b)—
(A)
in paragraph (1)—
(i)
in subparagraph (A)—
(I)
in the matter preceding clause (i), by striking “any call” and all that follows through “called party)” and inserting “any call or send any text message (other than a call made or text message sent for emergency purposes or with the prior express consent of the recipient of such call or text message)”; and
(II)
in clause (iii), by striking “called party” and all that follows through “United States” and inserting “recipient of such call or text message is charged for receiving such call or text message”; and
(ii)
in subparagraph (B), by striking “, is made solely pursuant to the collection of a debt owed to or guaranteed by the United States,”; and
(B)
by adding at the end the following:

“(5) Safe harbor for reassigned numbers

“(A) In general—It shall not be a violation of the prohibition in paragraph (1)(A) for a person, using an automatic telephone dialing system or an artificial or prerecorded voice, to make a call or send a text message to a telephone number without the prior express consent of the subscriber assigned such telephone number if such person obtained express consent to make such call or send such text message to such number from a subscriber assigned such number on the date on which such express consent was obtained.

“(B) Exception—Subparagraph (A) shall not apply unless the person making such call or sending such text, bearing the burden of proof, demonstrates that—

“(i) prior to making such call, such person queried the database maintained by the Commission under subparagraph (C) to determine whether such number was permanently disconnected after the date on which prior express consent was obtained from a subscriber previously assigned such number, and received a response indicating such number was not permanently disconnected after such date; and

“(ii) if such person had not received such response, such person would not have made such call or sent such text message to such number.

“(C) Reassigned telephone number database—The Commission shall maintain a database which persons may query for the purpose of determining whether a telephone number was permanently disconnected after the date on which prior express consent was obtained from a subscriber assigned such number.”

(b)
Rulemaking— Not later than 18 months after the date of the enactment of this Act, the Federal Communications Commission, with consideration given to modern dialing practices and consumer preferences, shall issue a rule defining the terms “automatically”, “dial”, “send”, and “charged for the call”, as used in 227(a)(1) of the Communications Act of 1934 (47 U.S.C. 227(a)(1)), as amended by this Act.