FCC Legal Enforcement Act
Key claim: The FCC Legal Enforcement Act would allow the FCC to independently pursue unpaid TCPA telemarketing fines if the DOJ does not act within a specified timeframe, prioritizing fines over $25 million.
Abstract
(S1025 · 119th Congress) FCC Legal Enforcement Act This bill authorizes the Federal Communications Commission (FCC) to pursue certain unpaid fines related to unauthorized telemarketing calls. Under current law, the Telephone Consumer Protection Act (TCPA) prohibits certain telemarketing calls made without the recipient’s consent and using automatic dialing technology or artificial or prerecorded voice messages. The Department of Justice (DOJ) has authority to pursue unpaid fines for TCPA violations. Under the bill, if DOJ does not pursue an unpaid fine related to a TCPA violation within a specified period, the FCC may do so. The bill directs the FCC to prioritize the collection of unpaid fines over $25 million. Latest action (2025-03-13): Read twice and referred to the Committee on Commerce, Science, and Transportation.
Why this matters
TCPA fines assessed by the FCC currently depend on DOJ referral for collection, and a substantial backlog of uncollected penalties has blunted the deterrent effect of telemarketing enforcement. Granting the FCC independent collection authority after a DOJ inaction window would materially change the enforcement calculus for robocallers and telemarketers, and shift interagency dynamics between the FCC and DOJ.