S 1025 — FCC Legal Enforcement Act

Summary

FCC Legal Enforcement ActThis bill authorizes the Federal Communications Commission (FCC) to pursue certain unpaid fines related to unauthorized telemarketing calls.Under current law, the Telephone Consumer Protection Act (TCPA) prohibits certain telemarketing calls made without the recipient’s consent and using automatic dialing technology or artificial or prerecorded voice messages. The Department of Justice (DOJ) has authority to pursue unpaid fines for TCPA violations.Under the bill, if DOJ does not pursue an unpaid fine related to a TCPA violation within a specified period, the FCC may do so. The bill directs the FCC to prioritize the collection of unpaid fines over $25 million.

Bill Text

• Introduced Introduced in Senate Current html March 13, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill enhances the Federal Communications Commission's authority to enforce forfeiture penalties for violations of restrictions on the use of telephone equipment.

• 47 U.S.C. 503(b)(3)(B)

  In such action, → If, during the 120-day period beginning on the date of a referral of an unpaid forfeiture penalty imposed for a violation of section 227 (relating to restrictions on the use of telephone equipment), the Attorney General does not commence an action to recover the amount assessed, the Commission may commence and supervise the litigation of such an action and any appeal of such an action in its own name by any of its attorneys designated by it for such purpose. In any action under this subparagraph,

  This change allows the FCC to initiate its own legal actions to recover forfeiture penalties if the Attorney General does not act within 120 days.

• 47 U.S.C. 504(a)

  It shall be the duty → Except as provided in the subsequent sentence, it shall be the duty

  This change clarifies that the duty of U.S. attorneys to prosecute forfeitures is conditioned on certain circumstances.

• 47 U.S.C. 504(a)

  The costs and expenses of such prosecutions → If, during the 120-day period beginning on the date on which the Commission refers an unpaid forfeiture penalty imposed for a violation of section 227 (relating to restrictions on the use of telephone equipment) to the Attorney General for prosecution under this subsection, the Attorney General does not commence such a prosecution, the Commission may prosecute for the recovery of the forfeiture penalty. The costs and expenses of a prosecution under this subsection

  This change authorizes the FCC to prosecute if the Attorney General fails to act on referred forfeiture penalties, affecting who covers prosecution costs.

• 47 U.S.C. 227(b)(2)

  as necessary in the judgment of the Commission to protect subscribers from unwanted calls

  This addition empowers the FCC to implement regulations aimed at protecting subscribers from unwanted calls as deemed necessary.

Action History

1. March 13, 2025

   Introduced in Senate

2. March 13, 2025

   Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

• Ben Ray Luján · Primary
• Richard Blumenthal · Cosponsor
• Peter Welch · Cosponsor
• Brian Schatz · Cosponsor
• Richard J. Durbin · Cosponsor
• Amy Klobuchar · Cosponsor

Subjects