H.R. 8311: Protecting American Consumers from Robocalls Act

This bill, titled the Protecting American Consumers from Robocalls Act, aims to strengthen regulations against unwanted telemarketing calls, commonly known as robocalls. Here’s what the bill proposes:

Expanding Do Not Call Rules

The bill suggests several amendments to existing rules that protect consumers from unwanted phone calls:

• It removes the limitation that only residential phone subscribers can register on the Do Not Call list, allowing all telephone subscribers, regardless of their call type, to register.
• It modifies the legal definition of a violation to include any telephone call made by or on behalf of an entity, rather than requiring multiple calls within a year from the same entity to qualify as a violation.

Private Right of Action

The bill expands the private right of action for consumers adversely affected by robocalls. This means that individuals may have an increased ability to sue for unwanted calls and seek damages, making it easier for consumers to hold companies accountable for violations of the Do Not Call rules.

Revised Regulations

As part of implementing these changes, the Federal Communications Commission (FCC) is directed to revise its regulations regarding the current Do Not Call rules within 270 days after the bill becomes law. This is intended to ensure that the new amendments are effectively put into practice.

Definition of Automatic Telephone Dialing System

The bill also updates the definition of an automatic telephone dialing system. Specifically, it clarifies that this definition includes:

• Technology that uses a list of telephone numbers, in addition to randomly or sequentially generated numbers.
• Dialing numbers automatically without human intervention.

These changes are expected to close loopholes that might allow certain unwanted calls to bypass existing regulations.

Overall, the legislation aims to provide broader consumer protections against robocalls by reinforcing existing laws and clarifying legal definitions, thus seeking to reduce the volume of unsolicited calls consumers receive.

Relevant Companies

• CRM - Salesforce: As a company frequently utilizing telemarketing strategies, Salesforce could face increased compliance costs and potential legal actions as a result of stricter regulations on robocalls.
• TWLO - Twilio: A provider of communication tools that enable businesses to send messages and calls, Twilio may need to adjust its services to comply with new definitions and regulations regarding automated dialing systems.
• ADBE - Adobe: While primarily focused on software solutions, Adobe also engages in marketing communications that could be affected by changes in telemarketing regulations.