SENATE BILL WOULD DOUBLE PENALTIES FOR MISLEADING AND INACCURATE CALLER ID INFORMATION

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The U.S. Senate Committee on Commerce, Science and Transportation has unanimously approved the Anti-Spoofing Penalties Modernization Act of 2021 (Modernization Act). The bill, S. 594, was introduced in March of 2021 by Senator Susan Collins (R-ME) and was originally co-sponsored by Senators Kyrsten Sinema (D-AZ), Josh Hawley (R-MO) and Gary Peters (D-MI). It would “double the penalties for illegal caller-ID ‘spoofing,’ a tactic scammers often use to trick victims into answering their phone calls.”

https://www.collins.senate.gov/newsroom/bill-crack-down-deceptive-tactic-used-robocallers-advances-senate

The Truth In Caller ID Act (47.U.S.C. 227(e) enacted in 2010 “prohibits the use of misleading or inaccurate caller-ID information to intentionally defraud, cause harm, or wrongfully obtain anything of value.” Current penalties under the statute are $10,000 per violation with a maximum fine of $1 million.” The Modernization Act would double those penalties to $20,000 and $2 million, respectively.

In her press release after Committee approval, Senator Collins said: “Older Americans lose billions of dollars each year to an ever-growing array of financial exploitation schemes.  These scams vary in nature, from COVID-19 scams to government imposter scams to prize, sweepstakes, and lottery scams…We must work together to stop the criminals who use illegal robocalls and spoofing to steal Americans’ hard-earned savings and personal information.  By increasing penalties for spoofing violations, the bipartisan Anti-Spoofing Penalties Modernization Act would provide an additional tool in this fight. I am pleased that the Commerce Committee advanced our legislation today, and I urge my colleagues to support its passage.”

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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