117 HR 8334 IH: To amend the Communications Act of 1934 to prohibit the use of automated telephone equipment to send unsolicited text messages, and for other purposes. U.S. House of Representatives 2022-07-12 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 8334IN THE HOUSE OF REPRESENTATIVESJuly 12, 2022Mr. Krishnamoorthi (for himself, Ms. Porter, Ms. Norton, Ms. Scanlon, Mr. Danny K. Davis of Illinois, Mr. Gomez, and Ms. Brown of Ohio) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo amend the Communications Act of 1934 to prohibit the use of automated telephone equipment to send unsolicited text messages, and for other purposes.

1.

Restrictions on the use of automated telephone equipment

(a)

In general

Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended— (1)in subsection (a)— (A)in paragraph (1)— (i)in subparagraph (A), by striking , using a random or sequential number generator and inserting or sent a text message; and (ii)in subparagraph (B), by striking dial such numbers and inserting automatically dial or send a text message to such numbers; and (B)by redesignating paragraph (5) as paragraph (6) and inserting after paragraph (4) the following new paragraph: (5)The term text message has the meaning given such term in subsection (e)(8). ; and (2)in subsection (b)— (A)in paragraph (1)— (i)in subparagraph (A)— (I)in the matter preceding clause (i), by striking any call and all that follows through called party) and inserting any call or send any text message (other than a call made or text message sent for emergency purposes or with the prior express consent of the recipient of such call or text message); and (II)in clause (iii), by striking called party and all that follows through United States and inserting recipient of such call or text message is charged for receiving such call or text message; and (ii)in subparagraph (B), by striking , is made solely pursuant to the collection of a debt owed to or guaranteed by the United States,; and (B)by adding at the end the following: (5)

Safe harbor for reassigned numbers

(A)

In general

It shall not be a violation of the prohibition in paragraph (1)(A) for a person, using an automatic telephone dialing system or an artificial or prerecorded voice, to make a call or send a text message to a telephone number without the prior express consent of the subscriber assigned such telephone number if such person obtained express consent to make such call or send such text message to such number from a subscriber assigned such number on the date on which such express consent was obtained. (B)

Exception

Subparagraph (A) shall not apply unless the person making such call or sending such text, bearing the burden of proof, demonstrates that— (i)prior to making such call, such person queried the database maintained by the Commission under subparagraph (C) to determine whether such number was permanently disconnected after the date on which prior express consent was obtained from a subscriber previously assigned such number, and received a response indicating such number was not permanently disconnected after such date; and (ii)if such person had not received such response, such person would not have made such call or sent such text message to such number. (C)

Reassigned telephone number database

The Commission shall maintain a database which persons may query for the purpose of determining whether a telephone number was permanently disconnected after the date on which prior express consent was obtained from a subscriber assigned such number.. (b)

Rulemaking

Not later than 18 months after the date of the enactment of this Act, the Federal Communications Commission, with consideration given to modern dialing practices and consumer preferences, shall issue a rule defining the terms automatically, dial, send, and charged for the call, as used in 227(a)(1) of the Communications Act of 1934 (47 U.S.C. 227(a)(1)), as amended by this Act.