DO NOT Call Act
- Bill Number
- S. 3370
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Commerce
- Status
- Introduced
- Latest Action
- 2025-12-04: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- Last Updated
- 2026-06-11T23:26:37Z
AI-Generated Summary
Purpose
The legislation, titled the "Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2025" (or "DO NOT Call Act"), aims to strengthen enforcement against unwanted telephone communications, such as robocalls (automated calls) and spoofed caller ID (falsely displaying a caller's number). It modifies the Telephone Consumer Protection Act of 1993 (TCPA), which is part of the Communications Act of 1934, by introducing criminal penalties and increasing certain fines to better deter violations and protect consumers from intrusive calls.
Key Provisions
- Criminal Penalties: Adds a new subsection to the TCPA making willful and knowing violations punishable by up to 1 year in prison, a fine (as defined under federal criminal law), or both.
- Aggravated Offenses: Increases penalties to up to 3 years in prison, a fine, or both for more serious cases, including:
- Repeat convictions under this law.
- Initiating large volumes of calls: over 100,000 in 24 hours, 1,000,000 in 30 days, or 10,000,000 in a year.
- Using calls to support a felony or conspiracy to commit one.
- Causing financial losses of $5,000 or more to one or more people in a year.
- Definitions:
- "Call" includes automated voice messages, prerecorded calls, or unsolicited text messages to phone numbers in the North American Numbering Plan (which covers the U.S., Canada, and parts of the Caribbean), even to emergency numbers if not truly an emergency.
- "Initiate" means sending, making, or transmitting the call or message without prior consent.
- Increased Civil Penalties for Spoofing: Doubles fines for providing inaccurate caller identification information from $10,000 to $20,000 per violation, applicable to both private lawsuits and government enforcement actions.
- Technical Update: Amends the law to reference the new criminal penalty section instead of an outdated one.
Significant Changes to Existing Law
- Introduction of Criminal Sanctions: Previously, TCPA violations were handled primarily through civil penalties (fines and lawsuits). This bill adds criminal imprisonment for the first time, shifting some enforcement from civil courts to criminal prosecution.
- Escalated Fines for Spoofing: Doubles the maximum penalty for falsifying caller ID, making it a stronger deterrent without changing the underlying rules on what constitutes a violation.
- Broader Scope for Penalties: Expands what counts as a "call" to explicitly include texts and clarifies thresholds for aggravated offenses, which were not previously defined in criminal terms.
Potential Impacts
- On Citizens: Provides stronger protections against spam calls, robocalls, and scams, potentially reducing harassment and financial losses for individuals (e.g., fewer unwanted interruptions or fraudulent schemes).
- On Government Agencies: Empowers the Federal Communications Commission (FCC) and Department of Justice (DOJ) with criminal tools for enforcement, which could lead to more investigations and prosecutions but may require additional resources for tracking large-scale violations.
- On Businesses: Increases risks and costs for telemarketing firms or scammers, encouraging compliance with do-not-call lists and consent rules; legitimate businesses may need to update systems to avoid accidental violations.
- International Relations: Minimal direct impact, though it could indirectly affect cross-border communications involving North American numbers, potentially pressuring foreign entities to comply with U.S. rules.
Main Stakeholders Affected
- Consumers: Primary beneficiaries, gaining better safeguards against intrusive and harmful calls.
- Telecommunications Companies and Telemarketers: Face heightened legal risks, including jail time for non-compliance, affecting their operations and compliance costs.
- Enforcement Agencies: FCC (regulates communications) and DOJ (handles criminal cases) will see expanded roles in pursuing violations.
- Scammers and Fraudsters: Targeted for deterrence through tougher penalties, potentially reducing illegal call operations.
Notable Legal, Constitutional, or Political Implications
- Legal Implications: Strengthens the TCPA's framework by blending civil and criminal remedies, which could lead to more effective deterrence but might increase court backlogs if prosecutions rise. The definitions clarify ambiguities in what constitutes a violation, reducing potential for legal challenges over interpretation.
- Constitutional Implications: No major issues apparent; the bill aligns with First Amendment limits by targeting commercial or harmful calls rather than protected speech. However, the broad definition of "call" (including texts) could invite scrutiny if applied to emergency or consensual communications.
- Political Implications: Addresses widespread public frustration with robocalls (a bipartisan issue), potentially boosting support for sponsors. It signals a tougher federal stance on consumer protection in digital communications, possibly paving the way for further tech-related privacy laws.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Sen. Cortez Masto, Catherine [D-NV]
Cosponsors (3)
Sen. Klobuchar, Amy [D-MN], Sen. Gillibrand, Kirsten E. [D-NY], Sen. King, Angus S., Jr. [I-ME]
Recent Actions
- 2025-12-04: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 2025-12-04:
- 2025-12-04: Introduced in Senate
Bill Versions
- Deter Obnoxious, Nefarious, and Outrageous Telephone Calls Act of 2025 — issued 2025-12-04 — PDF (4 pages)