DO NOT Call Act
- Sponsor
- Rep. Kustoff, David [R-TN-8]
- Committees
- Energy and Commerce Committee (primary)
- Last action
- Dec 4, 2025
Bottom line
The DO NOT Call Act aims to deter illegal robocalls and telemarketing by imposing stricter criminal and civil penalties on violators of the TCPA.
What it actually does
This bill significantly increases penalties for violations of the Telephone Consumer Protection Act (TCPA) of 1993. It introduces new criminal penalties, including imprisonment, for willful and knowing violations, with enhanced penalties for aggravated offenses such as repeat offenders, high-volume callers, those involved in felonies, or offenses causing significant financial loss. Additionally, it doubles the civil penalties for providing inaccurate caller identification information.
Proponents argue
Proponents argue that current penalties under the TCPA are insufficient to deter sophisticated robocall operations, which continue to plague consumers. They contend that introducing criminal penalties, especially for repeat offenders and those causing substantial harm, will provide a much-needed stronger deterrent and give law enforcement more effective tools to combat fraudulent and abusive calls. The increased civil penalties for caller ID spoofing are also seen as a direct response to a common tactic used by scammers.
Opponents contend
Opponents might argue that existing civil penalties, when effectively enforced, are already substantial and that adding criminal penalties could lead to over-criminalization or disproportionate punishment for certain violations. Concerns could also be raised about the broad definition of 'call' and 'initiate,' potentially ensnaring legitimate businesses or organizations that use automated systems for non-marketing purposes, even if they technically violate consent requirements. Some might also question the practical enforceability of these new criminal provisions against often-offshore or transient bad actors.
The bill is very short and can be read quickly, allowing ample time for a thorough evaluation of its implications.
Section 2(a)(1), new 47 U.S.C. 227(k)(1)
Introduction of Criminal Penalties for TCPA Violations
This provision amends the Communications Act of 1934 to introduce criminal penalties for individuals or entities who willfully and knowingly violate the Telephone Consumer Protection Act (TCPA). A standard violation can result in imprisonment for up to one year, a fine under Title 18 of the U.S. Code, or both. This marks a significant shift from the TCPA's previous reliance primarily on civil penalties.
Supporters argue
Supporters argue that criminal penalties are essential to deter the most egregious and persistent robocallers who are undeterred by civil fines alone. They believe that the threat of imprisonment will significantly enhance the effectiveness of the TCPA in protecting consumers from unwanted and often fraudulent calls.
Critics contend
Critics may contend that existing civil penalties, if vigorously enforced, are sufficient and that introducing criminal penalties could lead to over-criminalization or unintended consequences for legitimate businesses that inadvertently violate complex regulations. They might also argue that the focus should remain on improving enforcement mechanisms for civil penalties.
Tradeoffs
The provision balances the desire for stronger deterrence against concerns about the scope and potential application of criminal law to a broader range of activities, including those that might not involve malicious intent but still violate the TCPA.
Section 2(a)(2), new 47 U.S.C. 227(k)(2)
Aggravated Criminal Penalties for TCPA Violations
This section establishes enhanced criminal penalties for more severe violations of the TCPA. An aggravated offense can lead to imprisonment for up to three years, a Title 18 fine, or both. These aggravated circumstances include having a prior conviction under this subsection, initiating an extremely high volume of calls (e.g., over 100,000 in 24 hours), committing the offense to further a felony, or causing aggregate losses of $5,000 or more to victims within a year. This targets the most harmful and prolific offenders.
Section 2(a)(3), new 47 U.S.C. 227(k)(3)
Definitions of 'Call' and 'Initiate'
This section provides specific definitions for key terms used in the new criminal penalty subsection. The term 'call' is broadly defined to include any message or communication sent to a North American Numbering Plan (NANP) number (including emergency numbers) that is initiated using an automatic telephone dialing system (ATDS) or an artificial/prerecorded voice. It also explicitly includes text messages sent to mobile phones via ATDS without prior consent or as an emergency message. The term 'initiate' is defined as the act of sending, making, or transmitting the call.
Section 2(b), 47 U.S.C. 227(e)(5)
Increased Civil Penalties for Inaccurate Caller ID Information
This provision amends existing law to double the civil penalties for violations related to providing inaccurate caller identification information (caller ID spoofing). The maximum penalty per violation is increased from $10,000 to $20,000. This applies to both general violations and those enforced by the Federal Communications Commission (FCC) or State Attorneys General.