Notes on 15 U.S.C. § 6101 : US Code - Notes

Search Notes on 15 U.S.C. § 6101 : US Code - Notes

(Pub. L. 103-297, Sec. 2, Aug. 16, 1994, 108 Stat. 1545.)
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107-56, title X, Sec. 1011(a), Oct. 26, 2001, 115 Stat.
396, provided that: "This section [amending sections 6102 and 6106
of this title and sections 917 and 2325 of Title 18, Crimes and
Criminal Procedure] may be cited as the 'Crimes Against Charitable
Americans Act of 2001'."
SHORT TITLE OF 2000 AMENDMENT
Pub. L. 106-534, Sec. 1, Nov. 22, 2000, 114 Stat. 2555, provided
that: "This Act [enacting provisions set out as notes under this
section and section 3732 of Title 42, The Public Health and
Welfare] may be cited as the 'Protecting Seniors From Fraud Act'."
SHORT TITLE
Section 1 of Pub. L. 103-297 provided that: "This Act [enacting
this chapter and section 9b of Title 7, Agriculture, and amending
section 52 of this title] may be cited as the 'Telemarketing and
Consumer Fraud and Abuse Prevention Act'."
DO-NOT-CALL IMPLEMENTATION
Pub. L. 108-10, Mar. 11, 2003, 117 Stat. 557, provided that:
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Do-Not-Call Implementation Act'.
"SEC. 2. TELEMARKETING SALES RULE; DO-NOT-CALL REGISTRY FEES.
"The Federal Trade Commission may promulgate regulations
establishing fees sufficient to implement and enforce the
provisions relating to the 'do-not-call' registry of the
Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)), promulgated
under the Telemarketing and Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6101 et seq.). Such regulations shall be promulgated in
accordance with section 553 of title 5, United States Code. Fees
may be collected pursuant to this section for fiscal years 2003
through 2007, and shall be deposited and credited as offsetting
collections to the account, Federal Trade Commission - Salaries and
Expenses, and shall remain available until expended. No amounts
shall be collected as fees pursuant to this section for such fiscal
years except to the extent provided in advance in appropriations
Acts. Such amounts shall be available for expenditure only to
offset the costs of activities and services related to the
implementation and enforcement of the Telemarketing Sales Rule, and
other activities resulting from such implementation and
enforcement.
"SEC. 3. FEDERAL COMMUNICATIONS COMMISSION DO-NOT-CALL
REGULATIONS.
"Not later than 180 days after the date of enactment of this Act
[Mar. 11, 2003], the Federal Communications Commission shall issue
a final rule pursuant to the rulemaking proceeding that it began on
September 18, 2002, under the Telephone Consumer Protection Act [of
1991] (47 U.S.C. 227 et seq.) [see Short Title of 1991 Amendment
note set out under section 609 of Title 47, Telegraphs, Telephones,
and Radiotelegraphs]. In issuing such rule, the Federal
Communications Commission shall consult and coordinate with the
Federal Trade Commission to maximize consistency with the rule
promulgated by the Federal Trade Commission (16 CFR 310.4(b)).
"SEC. 4. REPORTING REQUIREMENTS.
"(a) Report on Regulatory Coordination. - Within 45 days after
the promulgation of a final rule by the Federal Communications
Commission as required by section 3, the Federal Trade Commission
and the Federal Communications Commission shall each transmit 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 which shall include -
"(1) an analysis of the telemarketing rules promulgated by both
the Federal Trade Commission and the Federal Communications
Commission;
"(2) any inconsistencies between the rules promulgated by each
such Commission and the effect of any such inconsistencies on
consumers, and persons paying for access to the registry; and
"(3) proposals to remedy any such inconsistencies.
"(b) Annual Report. - For each of fiscal years 2003 through 2007,
the Federal Trade Commission and the Federal Communications
Commission shall each transmit an annual report 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 which shall include -
"(1) an analysis of the effectiveness of the 'do-not-call'
registry as a national registry;
"(2) the number of consumers who have placed their telephone
numbers on the registry;
"(3) the number of persons paying fees for access to the
registry and the amount of such fees;
"(4) an analysis of the progress of coordinating the operation
and enforcement of the 'do-not-call' registry with similar
registries established and maintained by the various States;
"(5) an analysis of the progress of coordinating the operation
and enforcement of the 'do-not-call' registry with the
enforcement activities of the Federal Communications Commission
pursuant to the Telephone Consumer Protection Act [of 1991] (47
U.S.C. 227 et seq.); and
"(6) a review of the enforcement proceedings under the
Telemarketing Sales Rule (16 CFR 310), in the case of the Federal
Trade Commission, and under the Telephone Consumer Protection Act
[of 1991] (47 U.S.C. 227 et seq.), in the case of the Federal
Communications Commission."
CONGRESSIONAL FINDINGS
Pub. L. 106-534, Sec. 2, Nov. 22, 2000, 114 Stat. 2555, provided
that: "Congress makes the following findings:
"(1) Older Americans are among the most rapidly growing
segments of our society.
"(2) Our Nation's elderly are too frequently the victims of
violent crime, property crime, and consumer and telemarketing
fraud.
"(3) The elderly are often targeted and retargeted in a range
of fraudulent schemes.
"(4) The TRIAD program, originally sponsored by the National
Sheriffs' Association, International Association of Chiefs of
Police, and the American Association of Retired Persons unites
sheriffs, police chiefs, senior volunteers, elder care providers,
families, and seniors to reduce the criminal victimization of the
elderly.
"(5) Congress should continue to support TRIAD and similar
community partnerships that improve the safety and quality of
life for millions of senior citizens.
"(6) There are few other community-based efforts that forge
partnerships to coordinate criminal justice and social service
resources to improve the safety and security of the elderly.
"(7) According to the National Consumers League, telemarketing
fraud costs consumers nearly $40,000,000,000 each year.
"(8) Senior citizens are often the target of telemarketing
fraud.
"(9) Fraudulent telemarketers compile the names of consumers
who are potentially vulnerable to telemarketing fraud into the so-
called 'mooch lists'.
"(10) It is estimated that 56 percent of the names on such
'mooch lists' are individuals age 50 or older.
"(11) The Federal Bureau of Investigation and the Federal Trade
Commission have provided resources to assist private-sector
organizations to operate outreach programs to warn senior
citizens whose names appear on confiscated 'mooch lists'.
"(12) The Administration on Aging was formed, in part, to
provide senior citizens with the resources, information, and
assistance their special circumstances require.
"(13) The Administration on Aging has a system in place to
inform senior citizens of the dangers of telemarketing fraud.
"(14) Senior citizens need to be warned of the dangers of
telemarketing fraud before they become victims of such fraud."
SENIOR FRAUD PREVENTION PROGRAM
Pub. L. 106-534, Sec. 3, Nov. 22, 2000, 114 Stat. 2556, provided
that:
"(a) Authorization of Appropriations. - There is authorized to be
appropriated to the Attorney General $1,000,000 for each of the
fiscal years 2001 through 2005 for programs for the National
Association of TRIAD.
"(b) Comptroller General. - The Comptroller General of the United
States shall submit to Congress a report on the effectiveness of
the TRIAD program 180 days prior to the expiration of the
authorization under this Act [see Short Title of 2000 Amendment
note above], including an analysis of TRIAD programs and
activities; identification of impediments to the establishment of
TRIADs across the Nation; and recommendations to improve the
effectiveness of the TRIAD program."
DISSEMINATION OF INFORMATION
Pub. L. 106-534, Sec. 4, Nov. 22, 2000, 114 Stat. 2556, provided
that:
"(a) In General. - The Secretary of Health and Human Services,
acting through the Assistant Secretary of Health and Human Services
for Aging, shall provide to the Attorney General of each State and
publicly disseminate in each State, including dissemination to area
agencies on aging, information designed to educate senior citizens
and raise awareness about the dangers of fraud, including
telemarketing and sweepstakes fraud.
"(b) Information. - In carrying out subsection (a), the Secretary
shall -
"(1) inform senior citizens of the prevalence of telemarketing
and sweepstakes fraud targeted against them;
"(2) inform senior citizens how telemarketing and sweepstakes
fraud work;
"(3) inform senior citizens how to identify telemarketing and
sweepstakes fraud;
"(4) inform senior citizens how to protect themselves against
telemarketing and sweepstakes fraud, including an explanation of
the dangers of providing bank account, credit card, or other
financial or personal information over the telephone to
unsolicited callers;
"(5) inform senior citizens how to report suspected attempts at
or acts of fraud;
"(6) inform senior citizens of their consumer protection rights
under Federal law; and
"(7) provide such other information as the Secretary considers
necessary to protect senior citizens against fraudulent
telemarketing and sweepstakes promotions.
"(c) Means of Dissemination. - The Secretary shall determine the
means to disseminate information under this section. In making such
determination, the Secretary shall consider -
"(1) public service announcements;
"(2) a printed manual or pamphlet;
"(3) an Internet website;
"(4) direct mailings; and
"(5) telephone outreach to individuals whose names appear on so-
called 'mooch lists' confiscated from fraudulent marketers.
"(d) Priority. - In disseminating information under this section,
the Secretary shall give priority to areas with high incidents of
fraud against senior citizens."