Do Not Disturb Act Proposes TCPA Amendments & AI Disclosures

House bill H.R.7116, named the Do Not Disturb Act, introduced to Congress in January proposes significant changes to the TCPA, including definition amendments, changes to call time restrictions, and the introduction of an A.I. disclosure requirement. The bill was introduced by Rep. Frank Pallone (D-N.J) and has four cosponsors.

Proposed TCPA Changes

The Do Not Disturb Act proposes several changes to current definitions under the TCPA. The bill removes the definition of Automatic Telephone Dialing System, which is currently “equipment which has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.” The term “Robocall” is introduced in its place, defined as:

“A call made or text message sent using equipment, whether hardware, software, or a combination thereof and including an automatic telephone dialing system, that makes a call or sends a text message to stored telephone numbers; or telephone numbers produced using a random or sequential number generator; or using an artificial or prerecorded voice or an artificially generated message. . . the term ‘robocall’ does not include a call made or text message sent using equipment that requires substantial human intervention to make or send the call or text message.”

The bill also introduces a definition of a “text message” as:

“A message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to person messaging, and includes: a short message service (commonly referred to as ‘SMS’) message; a multimedia message service (commonly referred to as ‘MMS’) message; and a rich communication service (commonly referred to as ‘RCS’) message. The term ‘text message’ does not include a real-time, two-way voice or video communication.”

Among the changes to definitions, the Do Not Disturb Act also proposes the following:

• An amendment to the TSR to extend Do Not Call hours to any time outside of 9 A.M. to 5 P.M. local time.
• An amendment to the TSR to require the usage of A.I. to be disclosed at the beginning of calls and text messages.
• A study by the FCC on the feasibility of creating a framework for the authentication and origin tracing of text messages for enforcement purposes to be submitted to Congress within 18 months.
• Doubling the maximum forfeiture penalty or criminal fine for TCPA violations in cases where A.I. is used for impersonation with fraudulent intent.
• The FCC is to track and publish a monthly list of the top 100 illegal robocall campaigns.
• Require providers of voice service to offer robocall-blocking services at no additional charge.

CompliancePoint has the team and services to bring your marketing campaigns into compliance with all applicable regulations, including the TCPA, TSR, Do Not Call lists, CAN-SPAM, and all state telemarketing laws. Contact us at connect@compliancepoint.com to learn more about how we can help.