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47 U.S.C. § 227b–2Provision of evidence of certain robocall violations to Attorney General

submitted 7 years ago by Pub. L. 116-105 to r/title-47-TELECOMMUNICATIONS · 247 words · no verdicts yet

in plain englishAI-generated · not legal advice

When the FCC's Enforcement Bureau finds evidence of a serious, intentional robocall scam, it must send that evidence to the Attorney General. The FCC must also report to Congress each year on how often this happened and what kinds of violations were involved.

This section makes the FCC share evidence of serious robocall crimes with federal prosecutors. (a) In general. If the Chief of the FCC's Enforcement Bureau finds evidence suggesting a willful, knowing, and repeated robocall violation done to defraud someone, cause harm, or wrongfully get something of value, the Chief must send that evidence to the Attorney General. (b) Report to Congress. Starting 1 year after December 30, 2019, and every year after, the FCC must publish on its website, and send to two congressional committees, a report that states how many times in the past year the Enforcement Bureau's Chief sent this kind of evidence to the Attorney General, and gives a general summary of the types of robocall violations involved. (c) Rules of construction. Nothing here limits the FCC's or the Enforcement Bureau Chief's normal legal power to refer a matter to the Attorney General under other law, or to keep pursuing an enforcement case even after sending evidence to the Attorney General about it. (d) Definition. A "robocall violation," for this section, means a violation of subsection (b) or (e) of section 227 of this title — the robocall-restriction and caller-ID-fraud rules.
the actual law source: uscode.house.gov ↗public domain
(a) In general

If the Chief of the Enforcement Bureau of the Commission obtains evidence that suggests a willful, knowing, and repeated robocall violation with an intent to defraud, cause harm, or wrongfully obtain anything of value, the Chief of the Enforcement Bureau shall provide such evidence to the Attorney General.

(b) Report to Congress

Not later than 1 year after December 30, 2019, and annually thereafter, the Commission shall publish on its website and submit to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report that—

(1)

states the number of instances during the preceding year in which the Chief of the Enforcement Bureau provided the evidence described in subsection (a) to the Attorney General; and

(2)

contains a general summary of the types of robocall violations to which such evidence relates.

(c) Rules of construction

Nothing in this section shall be construed to affect the ability of the Commission or the Chief of the Enforcement Bureau under other law—

(1)

to refer a matter to the Attorney General; or

(2)

to pursue or continue pursuit of an enforcement action in a matter with respect to which the Chief of the Enforcement Bureau provided the evidence described in subsection (a) to the Attorney General.

(d) Robocall violation defined

In this section, the term “robocall violation” means a violation of subsection (b) or (e) of section 227 of this title.

Source credit: (Pub. L. 116–105, § 11, Dec. 30, 2019, 133 Stat. 3285.)

history & why it existsrecord from the source credit
  • 2019Enacted · Pub. L. 116-105 · 133 Stat. 3285

A history note hasn’t been published yet. The record shows enactment by Pub. L. 116-105 on 2019-12-30.

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