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Senate Passes TRACED Act To Enhance TCPA Enforcement Power

On May 23, 2019, the U.S. Senate approved the Telephone Robocall Abuse Criminal Enforcement and Deterrence (“TRACED”) Act by an overwhelming 97-1 vote. Senator Rand Paul (R-Ky.) was the only senator to vote against the bill.

The bi-partisan bill was originally introduced in November of 2018 by U.S. Senator John Thune (R-S.D.) and Senator Ed Markey (D-Mass.). If passed, the TRACED Act would expand the TCPA, giving the FCC authority to levy civil penalties of up to $10,000 per call for intentional violations. It also extends the statute of limitations for violations of the TCPA to three years.

 Notably, the TRACED ACT also expands TCPA enforcement powers to the Department of Justice, Federal Trade Commission, Department of Commerce, State Department, Department of Homeland Security, the Consumer Financial Protection Bureau, and other federal agencies, as well as state attorneys general and non-federal entities.

 The Act has garnered support from 54 state and territory attorneys general, all of the FCC and FTC commissioners, and industry and consumer groups alike. “The American people are ready for this,” said Senator Roger Wicker (R-MS), chairman of the Senate Commerce Committee.

 The TRACED Act now goes before the House of Representatives, where it awaits approval.

Copyright © 2020 Womble Bond Dickinson (US) LLP All Rights Reserved.National Law Review, Volume IX, Number 145


About this Author

Susan Nikdel, Womble, litigation attorney

Susan represents clients in commercial and financial services litigation, particularly Telephone Consumer Protection Act (TCPA) cases. She is part of a team that has handled more than 600 TCPA cases, including more than 50 national class actions.

Prior to beginning her legal career, Susan served as a Judicial Extern for the Honorable Theodor C. Albert in the U.S. Bankruptcy Court, Central District of California.  She is a Certified Mediator.

Susan is fluent in Farsi/Persian and conversational in Spanish.