The "FCC Legal Enforcement Act" enables the FCC to directly enforce penalties for violations regarding unsolicited advertisements and gives them the power to create regulations to protect subscribers from unwanted calls.
Ben Luján
Senator
NM
The "FCC Legal Enforcement Act" empowers the FCC to directly enforce penalties for violations regarding unsolicited advertisements, especially when the Attorney General does not act within 120 days. It prioritizes pursuing penalties exceeding $25,000,000. The Act also grants the FCC authority to create regulations protecting subscribers from unwanted calls.
Alright, let's break down the "FCC Legal Enforcement Act." In simple terms, this bill gives the Federal Communications Commission (FCC) more direct power to go after folks who break the rules about annoying calls and texts, specifically those unsolicited ads covered under Section 227 of the Communications Act of 1934. It also hands the FCC the authority to make new rules aimed at protecting you from "unwanted calls."
Currently, when the FCC fines a company for illegal robocalls or spam texts, it often has to pass the case to the Department of Justice (DOJ) to actually collect the money if the company doesn't pay up. This bill changes that game. Under Section 2, if the Attorney General doesn't take action within 120 days after the FCC refers a case, the FCC gets the green light to pursue legal action itself to recover those unpaid penalties. Think of it as cutting out a step in the process.
The bill specifically tells the FCC to prioritize chasing down unpaid fines that top a hefty $25,000,000. This suggests a focus on the biggest offenders, the large-scale operations flooding phone lines. The idea seems to be faster enforcement, particularly for those massive penalties that often make headlines but can take ages to collect.
Section 3 tweaks the existing law (Section 227(b)(2)) to explicitly allow the FCC to create regulations it deems necessary to protect phone subscribers from "unwanted calls." This is broader than just the illegal spoofed robocalls we all hate; the term "unwanted calls" isn't sharply defined in the bill itself.
What does this mean for you? Potentially, fewer bothersome calls interrupting dinner or work. The FCC could, for example, implement stricter rules on consent or target specific types of calling practices. However, the lack of a precise definition for "unwanted calls" raises questions. Could rules designed to stop spam inadvertently affect legitimate communications, like appointment reminders, delivery notifications, or calls from businesses you actually deal with? The real-world impact here will depend heavily on how the FCC decides to write these new regulations, should this bill pass.