This bill grants the FCC expanded authority to directly pursue unpaid fines for telemarketing violations and strengthens its power to regulate automated telephone equipment.
Ben Luján
Senator
NM
The FCC Legal Enforcement Act grants the Federal Communications Commission (FCC) the authority to take over the collection of unpaid fines, particularly those related to illegal telemarketing calls, if the Department of Justice fails to act within 120 days. This legislation also explicitly empowers the FCC to create new regulations to protect consumers from unwanted automated telephone equipment and robocalls. Furthermore, the FCC must prioritize enforcing the collection of the largest outstanding fines exceeding $25 million.
FCC Gets 120-Day Deadline to Hunt Down $25M Robocall Fines; Gains New Power to Regulate Automated Calls
The new FCC Legal Enforcement Act is essentially a procedural upgrade for the Federal Communications Commission, giving them a faster lane to collect huge, unpaid fines from the worst offenders—specifically those who violate Section 227 rules, which cover illegal telemarketing and robocalls. The core change is this: If the FCC refers an unpaid fine to the Department of Justice (DOJ), and the DOJ doesn't file a lawsuit to collect that money within 120 days, the FCC can step in and take over the entire case, including all appeals. This streamlines enforcement, but it also means the FCC must now absorb the legal costs for those cases, shifting the financial burden away from the DOJ.
The $25 Million Priority List
This bill doesn't just change the process; it sets a clear priority list for enforcement. The FCC is mandated to focus its resources first on collecting the biggest unpaid fines—those related to Section 227 violations that exceed $25,000,000. Think of this as the government telling the FCC to stop chasing the small fish and focus on the whales of illegal telemarketing. For the average person, this is good news: it means the agencies are being pushed to recover massive penalties from the companies that are likely responsible for the highest volume of annoying, illegal calls, potentially making a bigger dent in the problem faster.
New Authority to Muzzle the Machines
Beyond just collecting money, the bill explicitly grants the FCC broader authority to create new rules concerning automated telephone equipment—the tech that fuels robocalls. Section 3 allows the FCC to set regulations whenever they deem it necessary to protect phone subscribers from unwanted calls. While the FCC already had some regulatory power here, this provision solidifies that authority. This is a big win for consumers, as it gives the FCC explicit legal backing to quickly shut down new, evolving robocall tactics before they become widespread. However, because the authority is so broad—acting “whenever they think it’s necessary”—it grants significant discretionary power to the agency, which could potentially affect legitimate automated communications if not carefully applied.
What This Means for Your Phone and Wallet
For most people, the most immediate potential impact is the hope for fewer illegal calls. By creating a fast-track process for collecting massive fines and giving the FCC explicit power to regulate the equipment used for these calls, the bill aims to hit robocallers where it hurts: their bank accounts and their technology. The shift in enforcement power means that the pursuit of these fines is less likely to get bogged down in inter-agency bureaucracy. The challenge, however, will be for the FCC to manage the increased workload and litigation costs, which now come out of their budget, while ensuring they use their new, broad regulatory authority judiciously.