The bill strengthens consumer protections by criminalizing willful autodialed calls/texts and imposing aggravated penalties on large-scale robocallers, but it raises the risk of criminal liability and legal uncertainty for small callers and increases potential enforcement costs for taxpayers.
Nearly all consumers and mobile-phone users will face fewer unwanted robocalls and spam texts because willful and knowing violations (including autodialed text messages) can carry criminal penalties, reducing harassment and improving privacy.
Large-scale robocallers and fraudsters will face stronger deterrents because aggravated criminal penalties apply when callers meet high-volume or high-loss thresholds (e.g., >100,000 calls in 24 hours, >1,000,000 in 30 days, >10,000,000/year, or causing ≥$5,000 aggregate loss).
Small businesses, nonprofits, and individuals who place legitimate calls or texts risk criminal exposure and possible jail time or fines because willful/knowing TCPA violations are criminalized and key terms (like 'willful and knowing' and 'ATDS') are ambiguously defined, creating legal uncertainty.
Taxpayers could incur higher costs because stronger criminal penalties increase the potential public expense of prosecutions and incarceration to enforce TCPA violations.
Based on analysis of 2 sections of legislative text.
Adds criminal penalties (up to 1–3 years imprisonment and fines) for willful, knowing violations of the TCPA, with aggravated penalties for large-scale or repeat offenders.
Introduced December 4, 2025 by David Kustoff · Last progress December 4, 2025
Creates criminal penalties for intentional violations of the Telephone Consumer Protection Act (TCPA). Ordinary willful/knowing violations can carry up to 1 year in prison and/or fines under Title 18, while aggravated violations can carry up to 3 years and/or higher fines when the actor has a prior conviction, caused large-scale calling, aided a felony, or caused specified aggregate losses. The bill also defines key terms (what counts as a “call” and how “initiate” is defined) and makes a technical cross-reference change to the TCPA; some numeric edits in the text appear malformed or unclear.