DO NOT Call Act

Section 227 of the Communications Act of 1934 (47 U.S.C. 227) is amended by adding at the end the following:

Except as provided in paragraph (2), any person who willfully and knowingly violates this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both.

Any person who willfully and knowingly violates this section shall be imprisoned for not more than 3 years, fined under title 18, United States Code, or both if—

(A) the person has previously been convicted under this subsection;

(B) the offense involved initiating more than—

(i) 100,000 calls in a 24-hour period;

(ii) 1,000,000 calls in a 30-day period; or

(iii) 10,000,000 calls in a 1-year period;

(C) the person committed the offense with the intent to use the calls in furtherance of a felony or conspiracy to commit a felony; or

(D) the offense caused loss to 1 or more persons aggregating $5,000 or more in value during any 1-year period.

For purposes of this subsection—

(A) the term call includes a message or other communication sent to any North American Numbering Plan number, including an emergency telephone number, that is—

(i) initiated to communicate with or attempt to communicate with a person by telephone using an automatic telephone dialing system or artificial or prerecorded voice; or

(ii) a text message sent to a mobile phone using an automatic telephone dialing system—

(I) without the prior consent of the recipient to receive the message; or

(II) as an emergency message; and

(B) the term initiate, with respect to a call, includes the act of sending, making, or transmitting the call.

Section 227(e)(5)(B) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)(B)) is amended, in the second sentence, by striking section 501 and inserting subsection (k).

Section 227(e)(5) of the Communications Act of 1934 (47 U.S.C. 227(e)(5)) is amended—

(1) in subparagraph (A)(i), by striking $10,000 and inserting $20,000; and

(2) in subparagraph (B), in the first sentence, by striking $10,000 and inserting $20,000.