Sponsors (14)
The bill strengthens protections and criminal deterrents against robocalls and mass-calling fraud, but does so by raising the risk that legitimate automated communications could be criminalized and by creating statutory uncertainty that burdens businesses and enforcement.
Consumers and people targeted by robocalls/texts (including victims of mass-calling fraud) gain stronger legal protection because willful TCPA violations can carry criminal penalties and aggravated offenses apply when aggregate losses meet statutory thresholds (e.g., ≥ $5,000/year).
Large-scale automated callers face greater deterrence because high-volume thresholds (100,000 calls/24h; 1,000,000/30d; 10,000,000/yr) can trigger aggravated criminal exposure, which could reduce mass robocall campaigns.
Legitimate businesses that use automated or high-volume outreach risk criminal liability if consent practices or whether a system qualifies as an ATDS are unclear, potentially chilling customer communications and marketing.
Individuals (including business operators or callers) may face imprisonment—up to 3 years—for technical violations tied to call counts or use of automated systems, increasing criminalization of communications offenses.
Broad or unclear statutory definitions (e.g., what counts as an ATDS, NANP numbers, or a prerecorded voice) could create legal uncertainty, spur litigation, and raise compliance and enforcement costs for businesses and regulators.
Based on analysis of 2 sections of legislative text.
Adds criminal penalties to the TCPA: up to 1 year jail for willful violations and up to 3 years for aggravated offenses meeting specified thresholds.
Introduced December 4, 2025 by David Kustoff · Last progress December 4, 2025
Creates new criminal penalties for certain willful and knowing violations of the Telephone Consumer Protection Act (TCPA). Ordinary willful TCPA violations would be punishable by up to 1 year in prison, a fine, or both; a new aggravated tier raises the maximum to 3 years when specific factors apply, such as prior conviction, extremely large call volumes, intent to further a felony, or causing aggregate losses of $5,000 or more in a year. The bill also defines “call” to include voice calls and text messages to North American Numbering Plan numbers placed with an automatic telephone dialing system (ATDS) or prerecorded/artificial voice without prior consent (except emergency messages), and clarifies “initiate” to mean sending, making, or transmitting a call. It makes a small statutory cross‑reference change and contains apparent typographical edits that do not substantively alter scope.