II 112th CONGRESS 2d Session S. 3556 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.

1.

Short title

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

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, .

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).

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 fraud2325 .