§6101. Findings
The Congress makes the following findings:
(1) Telemarketing differs from other sales activities in that it can be carried out by sellers across State lines without direct contact with the consumer. Telemarketers also can be very mobile, easily moving from State to State.
(2) Interstate telemarketing fraud has become a problem of such magnitude that the resources of the Federal Trade Commission are not sufficient to ensure adequate consumer protection from such fraud.
(3) Consumers and others are estimated to lose $40 billion a year in telemarketing fraud.
(4) Consumers are victimized by other forms of telemarketing deception and abuse.
(5) Consequently, Congress should enact legislation that will offer consumers necessary protection from telemarketing deception and abuse.
(
Short Title of 2001 Amendment
Short Title of 2000 Amendment
Short Title
Section 1 of
Do-Not-Call Implementation
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Do-Not-Call Implementation Act'.
"SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.
"The Federal Trade Commission may promulgate regulations establishing fees sufficient to implement and enforce the provisions relating to the 'do-not-call' registry of the Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)), promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.). Such regulations shall be promulgated in accordance with section 553 of title 5, United States Code. Fees may be collected pursuant to this section for fiscal years 2003 through 2007, and shall be deposited and credited as offsetting collections to the account, Federal Trade Commission-Salaries and Expenses, and shall remain available until expended. No amounts shall be collected as fees pursuant to this section for such fiscal years except to the extent provided in advance in appropriations Acts. Such amounts shall be available for expenditure only to offset the costs of activities and services related to the implementation and enforcement of the Telemarketing Sales Rule, and other activities resulting from such implementation and enforcement.
"SEC. 3. FEDERAL COMMUNICATIONS COMMISSION DO-NOT-CALL REGULATIONS.
"Not later than 180 days after the date of enactment of this Act [Mar. 11, 2003], the Federal Communications Commission shall issue a final rule pursuant to the rulemaking proceeding that it began on September 18, 2002, under the Telephone Consumer Protection Act [of 1991] (47 U.S.C. 227 et seq.) [see Short Title of 1991 Amendment note set out under section 609 of Title 47, Telegraphs, Telephones, and Radiotelegraphs]. In issuing such rule, the Federal Communications Commission shall consult and coordinate with the Federal Trade Commission to maximize consistency with the rule promulgated by the Federal Trade Commission (16 CFR 310.4(b)).
"SEC. 4. REPORTING REQUIREMENTS.
"(a)
"(1) an analysis of the telemarketing rules promulgated by both the Federal Trade Commission and the Federal Communications Commission;
"(2) any inconsistencies between the rules promulgated by each such Commission and the effect of any such inconsistencies on consumers, and persons paying for access to the registry; and
"(3) proposals to remedy any such inconsistencies.
"(b)
"(1) an analysis of the effectiveness of the 'do-not-call' registry as a national registry;
"(2) the number of consumers who have placed their telephone numbers on the registry;
"(3) the number of persons paying fees for access to the registry and the amount of such fees;
"(4) an analysis of the progress of coordinating the operation and enforcement of the 'do-not-call' registry with similar registries established and maintained by the various States;
"(5) an analysis of the progress of coordinating the operation and enforcement of the 'do-not-call' registry with the enforcement activities of the Federal Communications Commission pursuant to the Telephone Consumer Protection Act [of 1991] (47 U.S.C. 227 et seq.); and
"(6) a review of the enforcement proceedings under the Telemarketing Sales Rule (16 CFR 310), in the case of the Federal Trade Commission, and under the Telephone Consumer Protection Act [of 1991] (47 U.S.C. 227 et seq.), in the case of the Federal Communications Commission."
Congressional Findings
"(1) Older Americans are among the most rapidly growing segments of our society.
"(2) Our Nation's elderly are too frequently the victims of violent crime, property crime, and consumer and telemarketing fraud.
"(3) The elderly are often targeted and retargeted in a range of fraudulent schemes.
"(4) The TRIAD program, originally sponsored by the National Sheriffs' Association, International Association of Chiefs of Police, and the American Association of Retired Persons unites sheriffs, police chiefs, senior volunteers, elder care providers, families, and seniors to reduce the criminal victimization of the elderly.
"(5) Congress should continue to support TRIAD and similar community partnerships that improve the safety and quality of life for millions of senior citizens.
"(6) There are few other community-based efforts that forge partnerships to coordinate criminal justice and social service resources to improve the safety and security of the elderly.
"(7) According to the National Consumers League, telemarketing fraud costs consumers nearly $40,000,000,000 each year.
"(8) Senior citizens are often the target of telemarketing fraud.
"(9) Fraudulent telemarketers compile the names of consumers who are potentially vulnerable to telemarketing fraud into the so-called 'mooch lists'.
"(10) It is estimated that 56 percent of the names on such 'mooch lists' are individuals age 50 or older.
"(11) The Federal Bureau of Investigation and the Federal Trade Commission have provided resources to assist private-sector organizations to operate outreach programs to warn senior citizens whose names appear on confiscated 'mooch lists'.
"(12) The Administration on Aging was formed, in part, to provide senior citizens with the resources, information, and assistance their special circumstances require.
"(13) The Administration on Aging has a system in place to inform senior citizens of the dangers of telemarketing fraud.
"(14) Senior citizens need to be warned of the dangers of telemarketing fraud before they become victims of such fraud."
Senior Fraud Prevention Program
"(a)
"(b)
Dissemination of Information
"(a)
"(b)
"(1) inform senior citizens of the prevalence of telemarketing and sweepstakes fraud targeted against them;
"(2) inform senior citizens how telemarketing and sweepstakes fraud work;
"(3) inform senior citizens how to identify telemarketing and sweepstakes fraud;
"(4) inform senior citizens how to protect themselves against telemarketing and sweepstakes fraud, including an explanation of the dangers of providing bank account, credit card, or other financial or personal information over the telephone to unsolicited callers;
"(5) inform senior citizens how to report suspected attempts at or acts of fraud;
"(6) inform senior citizens of their consumer protection rights under Federal law; and
"(7) provide such other information as the Secretary considers necessary to protect senior citizens against fraudulent telemarketing and sweepstakes promotions.
"(c)
"(1) public service announcements;
"(2) a printed manual or pamphlet;
"(3) an Internet website;
"(4) direct mailings; and
"(5) telephone outreach to individuals whose names appear on so-called 'mooch lists' confiscated from fraudulent marketers.
"(d)