[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3556 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3556

            To provide penalties for email marketing fraud.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2012

    Mr. Whitehouse (for himself and Mr. Blumenthal) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
            To provide penalties for email marketing fraud.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Telemarketing Fraud Modernization 
Act of 2012''.

SEC. 2. INVESTMENT SCAMS.

    Section 2325(1) of title 18, United States Code, is amended--
            (1) in subparagraph (B), by striking ``or,'' at the end;
            (2) in subparagraph (C), by striking ``value,'' and 
        inserting ``value;''; and
            (3) by inserting before ``by use of 1'' the following:
                    ``(D) investment for financial profit;
                    ``(E) participation in a business opportunity; or
                    ``(F) commitment to a loan,''.

SEC. 3. ENHANCED PENALTIES FOR HEALTH CARE FRAUD.

    Section 2326 of title 18, United States Code, is amended in the 
matter preceding paragraph (1), by striking ``or 1344'' and inserting 
``1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 
1320a-7b)''.

SEC. 4. EMAIL MARKETING SCAMS.

    (a) In General.--Chapter 113A of title 18, United States Code, is 
amended--
            (1) in the chapter heading by inserting ``AND EMAIL 
        MARKETING'' after ``TELEMARKETING'';
            (2) in section 2325--
                    (A) in the matter preceding paragraph (1) by 
                inserting ``or email marketing'' after 
                ``telemarketing'';
                    (B) in paragraph (1), as amended by section 2, in 
                the flush text following subparagraph (F), by inserting 
                ``, emails, text messages, or electronic instant 
                messages'' after ``interstate telephone calls''; and
                    (C) in paragraph (2)--
                            (i) in the matter preceding subparagraph 
                        (A), by inserting ``posting, publication, or'' 
                        before ``mailing''; and
                            (ii) in the flush text following 
                        subparagraph (D)--
                                    (I) by inserting ``, email, text 
                                message, or electronic instant 
                                message'' after ``by telephone'';
                                    (II) by striking ``receives calls'' 
                                and inserting ``receives interstate 
                                telephone calls, emails, text messages, 
                                or electronic instant messages''; and
                                    (III) by striking ``during those 
                                calls takes orders without'' and 
                                inserting ``in response to those 
                                interstate telephone calls, emails, 
                                text messages, or electronic instant 
                                messages does not conduct''; and
            (3) in section 2326, in the matter preceding paragraph (1), 
        as amended by section 3, by inserting ``or email marketing'' 
        after ``telemarketing''.
    (b) Conforming Amendment.--The table of chapters at the beginning 
of part I of title 18, United States Code, is amended by striking the 
item relating to chapter 113A and inserting the following:

``113A. Telemarketing and email marketing fraud.............    2325''.
                                 <all>