Sponsors (14)
This bill strengthens criminal penalties and deterrence against large-scale unlawful robocalls and mass-text schemes to better protect consumers, at the cost of broader criminal exposure and legal uncertainty that may chill legitimate automated communications and increase litigation/enforcement burdens.
Consumers targeted by robocalls and texts gain stronger protection because willful violations of the TCPA can carry criminal penalties including jail time.
Large-scale automated callers face higher deterrence because the bill ties aggravated criminal exposure to explicit high-volume thresholds (100k/24h; 1M/30d; 10M/yr).
Victims of mass-calling schemes (including small businesses) gain additional deterrence and potential remedies because aggravated offenses apply when aggregate losses meet or exceed $5,000 in a year.
Small businesses and other legitimate callers face legal uncertainty because broad statutory definitions (NANP numbers, ATDS, prerecorded voice) could make it unclear which messages trigger criminal exposure, increasing litigation and enforcement burdens.
Legitimate businesses risk criminal liability for routine high-volume outreach if consent practices or use of automated systems are ambiguous, which could chill automated customer communications and marketing.
Individuals who violate technical aspects of the law (call counts, use of automated systems) face increased criminalization, including potential imprisonment up to three years for aggravated offenses.
Based on analysis of 2 sections of legislative text.
Adds federal criminal penalties (up to 1 year; aggravated up to 3 years) for willful TCPA violations and defines aggravated tiers by prior conviction, huge call volumes, intent to further a felony, or $5,000+ aggregate losses.
Official title: To modify the penalties for violations of the Telephone Consumer Protection Act of 1993.
Introduced December 4, 2025 by David Kustoff · Last progress December 4, 2025
Creates new criminal penalties for willful and knowing violations of the Telephone Consumer Protection Act (TCPA). Ordinary willful violations become punishable by up to 1 year in prison, a criminal fine, or both; an aggravated-offense tier (with specified triggers such as prior conviction, very large call volumes, intent to further a felony, or causing aggregate losses of $5,000+) raises the maximum to 3 years, a fine, or both. The bill defines covered “calls” to include voice calls and text messages made with an autodialer or prerecorded/artificial voice without prior consent (excluding emergency messages) and updates a statutory cross-reference accordingly.