Do Not Disturb Act

The Do Not Disturb Act strengthens restrictions on robocalls and telemarketing by updating definitions, requiring disclosures for AI use, and increasing penalties for certain violations. It directs the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) to issue new regulations and conduct studies.

Title I, Federal Communications Commission: Sec. 101, Robocall restrictions: This section updates the definition of 'robocall' to include calls or texts made using equipment that dials stored or random numbers, or using an artificial or prerecorded voice, but excludes calls requiring substantial human intervention. It also defines 'text message' to include SMS, MMS, and RCS messages, and updates restrictions on robocalls and technical standards. The FCC must issue regulations within 270 days.

Sec. 102, Text message authentication and trace back study: The FCC must study the feasibility of creating a text message authentication framework and requiring enforcement responses to trace-back requests, consulting stakeholders and reporting to Congress within 18 months.

Sec. 103, Annual robocall report: Changes the FCC's notice seeking registrations from annually to every 3 years, and clarifies that a 'suspected unlawful robocall' does not include a text message.

Sec. 104, Disclosure required for robocalls using AI: Requires anyone making a robocall using AI to emulate a human to disclose that fact at the start of the call or text.

Sec. 105, Enhanced penalties for violations involving AI voice or text message impersonation: Doubles the maximum forfeiture penalty and criminal fine for violations where AI is used to impersonate someone with intent to defraud, cause harm, or wrongfully obtain value.

Sec. 106, Certain requirements for VoIP service providers: Requires the FCC to issue regulations within one year requiring covered VoIP providers to verify customer identity, monitor traffic for robocall patterns, investigate suspected violations, and mitigate illegal robocalls. Directors, officers, and owners with 50% or more equity are jointly and severally liable for non-compliance.

Sec. 107, Tracking of top 100 illegal robocall campaigns: The FCC must develop a framework and tracking system within one year to monitor the top 100 illegal robocall campaigns and publish monthly public reports.

Sec. 108, Offering of robocall-blocking service at no charge to customer: The FCC must issue regulations within 180 days requiring voice service providers to offer customers a robocall-blocking service at no additional charge.

Sec. 109, Telephone solicitation: Updates the definition of 'telephone solicitation' to include calls or texts for deception, fraud, or encouraging purchases, with exceptions for prior permission, established business relationships, and tax-exempt nonprofits.

Sec. 110, Commission defined: In this title, 'Commission' means the FCC.

Title II, Federal Trade Commission: Sec. 201, Addition of text message to the definition of telemarketing: Adds 'text message' to the definition of telemarketing in the Telemarketing and Consumer Fraud and Abuse Prevention Act, defining it as SMS, MMS, and RCS messages.

Sec. 202, Adoption of regulations on inbound telephone calls and expanded calling time restrictions: The FTC must revise the Telemarketing Sales Rule within one year to prohibit deceptive inbound telemarketing calls and restrict outbound calls to residences to between 9:00 a.m. and 5:00 p.m. local time.

Sec. 203, Disclosure required for telemarketing using AI: The FTC must revise the Telemarketing Sales Rule within 180 days to require disclosure at the start of a call or text if AI is used to emulate a human in telemarketing.

Sec. 204, Enhanced penalties for violations of telemarketing rules involving AI voice or text message impersonation: Doubles the maximum civil penalty for violations where AI is used to impersonate someone with intent to defraud, cause harm, or wrongfully obtain value.

Sec. 205, Commission defined: In this title, 'Commission' means the FTC.