Stop Scamming Truckers Act

Congress finds the following:

(1) The Federal Motor Carrier Safety Administration, an agency within the Department of Transportation, administers the registration and issuance of United States Department of Transportation numbers (in this section referred to as USDOT numbers).

(2) Private entities frequently communicate with motor carriers and prospective motor carriers regarding USDOT number registration, renewal, updating, or compliance.

(3) Some such communications are presented in a manner that may reasonably cause recipients to believe the sender is a Federal agency or acting on behalf of the United States Government.

(4) Misleading communications regarding USDOT number registration impose unnecessary costs on motor carriers, particularly small businesses and owner-operators.

Any covered entity that transmits a USDOT number communication shall include, in a legible font, the following disclosure: This communication is from a private company. We are not the Federal Motor Carrier Safety Administration, the Department of Transportation, or any other Federal Government agency, and we are not affiliated with the United States Government.

The disclosure required under paragraph (1) shall—

(A) appear on the first page of any printed communication;

(B) appear without the need to scroll in any electronic or digital communication; and

(C) not be obscured, minimized, contradicted, or qualified by any other statement or design element.

A covered entity may not—

(A) use any name, seal, logo, insignia, or trade dress that would reasonably imply affiliation with FMCSA or the Department of Transportation; or

(B) State or imply that payment to the covered entity is required to obtain or maintain a USDOT number.

Any person who receives a USDOT number communication that violates this Act may bring a civil action in an appropriate United States district court.

In an action brought under this subsection, a court may award—

(A) actual damages, including any amounts paid to the covered entity;

(B) statutory damages of not less than $500 and not more than $5,000 per violation, per communication;

(C) injunctive or declaratory relief; and

(D) reasonable attorneys’ fees and costs.

A plaintiff shall not be required to prove actual reliance, intent to deceive, or actual confusion to prevail under this section.

The statute of limitations for an action brought under this subsection shall be 5 years.

Nothing in this Act may be construed to limit—

(1) enforcement authority of the Federal Motor Carrier Safety Administration or the Department of Transportation; or

(2) any State law or regulation that provides equal or greater protection against deceptive practices.

In this section:

The term USDOT number communication means any written, electronic, or digital communication that references—

(A) the registration, issuance, renewal, updating, or maintenance of a USDOT number; or

(B) compliance with Federal motor carrier registration or identification requirements administered by the Federal Motor Carrier Safety Administration.

The term covered entity means any person, partnership, corporation, association, or other legal entity, other than a Federal, State, or local government agency, that transmits a USDOT number communication in the course of commerce.

The term legible font means a font size, style, and color that is easily readable by a reasonable person, and in no event smaller than—

(A) 12-point font in printed communications; or

(B) the predominant font size used in the body text of the communication for electronic or digital communications.