Section 1 Short title
This Act may be cited as the “Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2023” or the “DO NOT Call Act of 2023”.
Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2023
A BILL
To modify the penalties for violations of the Telephone Consumer Protection Act of 1991.
Sec. 2 Penalties for violations of the Telephone Consumer Protection Act of 1991
Criminal penalties—
In general— Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following:
“(k) Criminal penalties
“(1) In general—Except as provided in paragraph (2), any person who willfully and knowingly violates this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both.
“(2) Aggravated offense—Any person who willfully and knowingly violates this section shall be imprisoned for not more than 3 years, fined under title 18, United States Code, or both if—
“(A) the person has previously been convicted under this subsection;
“(B) the offense involved initiating more than—
“(i) 100,000 calls in a 24-hour period;
“(ii) 1,000,000 calls in a 30-day period; or
“(iii) 10,000,000 calls in a 1-year period;
“(C) the person committed the offense with the intent to use the calls in furtherance of a felony or conspiracy to commit a felony; or
“(D) the offense caused loss to 1 or more persons aggregating $5,000 or more in value during any 1-year period.
“(3) Definitions—For purposes of this subsection—
“(A) the term call includes a message or other communication; and
“(B) the term initiate, with respect to a call, includes the act of sending, making, or transmitting a call, message, or other communication, as applicable.”
Technical and conforming amendment— Section 227(e)(5)(B) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)(B)) is amended, in the second sentence, by striking “section 501” and inserting “subsection (k)”.
Increased penalties for provision of inaccurate caller identification information— Section 227(e)(5) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)) is amended—
in subparagraph (A)(i), by striking “$10,000” and inserting “$20,000”; and
in subparagraph (B), in the first sentence, by striking “$10,000” and inserting “$20,000”.