Back on June 7, 2018, Representative Frank Pallone, Jr. and Senator Edward J. Markey proposed similar bills to their respective branches of Congress, each entitled the “Stopping Bad Robocalls Act.” The bills are 19 and 18 pages long, respectively, and can be a bit hard to follow unless you have a complete copy of the TCPA handy and an hour or two to burn.
That being said, instead of breaking down these bills in a summary, we decided to go ahead and mark up the current iteration of TCPA to easily illustrate how these bills would change it. Note that the marked version of the TCPA linked in the PDF below is based solely on the changes proposed in Rep. Pallone’s bill only. We took this approach because Rep. Pallone’s bill in the House includes a section entitled “Enforcement,” which includes new subsections, § 227(b)(5) and § 227(b)(6), and Senator Markey’s bill does not include those subsections. Instead, Senator Markey’s bill re-labels the “Private right of action” section as § 227(b)(5). Otherwise, the two bills are substantively the same.