47 USC 227(e)

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

United States Code Annotated
Title 47. Telecommunications (Refs & Annos)
Chapter 5. Wire or Radio Communication (Refs & Annos)
Subchapter II. Common Carriers (Refs & Annos)
Part I. Common Carrier Regulation
47 U.S.C.A. § 227
§ 227. Restrictions on use of telephone equipment
Currentness
(a) Definitions
As used in this section-(1) The term “automatic telephone dialing system” means equipment which has the capacity-(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and
(B) to dial such numbers.
(2) The term “established business relationship”, for purposes only of subsection (b)(1)(C)(i), shall have the meaning given
the term in section 64.1200 of title 47, Code of Federal Regulations, as in effect on January 1, 2003, except that-(A) such term shall include a relationship between a person or entity and a business subscriber subject to the same terms
applicable under such section to a relationship between a person or entity and a residential subscriber; and
(B) an established business relationship shall be subject to any time limitation established pursuant to paragraph (2)(G)). 1
(3) The term “telephone facsimile machine” means equipment which has the capacity (A) to transcribe text or images, or
both, from paper into an electronic signal and to transmit that signal over a regular telephone line, or (B) to transcribe text or
images (or both) from an electronic signal received over a regular telephone line onto paper.
(4) The term “telephone solicitation” means the initiation of a telephone call or message for the purpose of encouraging the
purchase or rental of, or investment in, property, goods, or services, which is transmitted to any person, but such term does
not include a call or message (A) to any person with that person's prior express invitation or permission, (B) to any person
with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization.

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

1

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(5) The term “unsolicited advertisement” means any material advertising the commercial availability or quality of any
property, goods, or services which is transmitted to any person without that person's prior express invitation or permission,
in writing or otherwise.
(b) Restrictions on use of automated telephone equipment
(1) Prohibitions
It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within
the United States-(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called
party) using any automatic telephone dialing system or an artificial or prerecorded voice-(i) to any emergency telephone line (including any “911” line and any emergency line of a hospital, medical physician
or service office, health care facility, poison control center, or fire protection or law enforcement agency);
(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar
establishment; or
(iii) to any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service,
or other radio common carrier service, or any service for which the called party is charged for the call, unless such call
is made solely to collect a debt owed to or guaranteed by the United States;
(B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a
message without the prior express consent of the called party, unless the call is initiated for emergency purposes, is made
solely pursuant to the collection of a debt owed to or guaranteed by the United States, or is exempted by rule or order by
the Commission under paragraph (2)(B);
(C) to use any telephone facsimile machine, computer, or other device to send, to a telephone facsimile machine, an
unsolicited advertisement, unless-(i) the unsolicited advertisement is from a sender with an established business relationship with the recipient;
(ii) the sender obtained the number of the telephone facsimile machine through-(I) the voluntary communication of such number, within the context of such established business relationship, from
the recipient of the unsolicited advertisement, or

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

2

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(II) a directory, advertisement, or site on the Internet to which the recipient voluntarily agreed to make available its
facsimile number for public distribution,
except that this clause shall not apply in the case of an unsolicited advertisement that is sent based on an established
business relationship with the recipient that was in existence before July 9, 2005, if the sender possessed the facsimile
machine number of the recipient before July 9, 2005; and
(iii) the unsolicited advertisement contains a notice meeting the requirements under paragraph (2)(D),
except that the exception under clauses (i) and (ii) shall not apply with respect to an unsolicited advertisement sent to a
telephone facsimile machine by a sender to whom a request has been made not to send future unsolicited advertisements
to such telephone facsimile machine that complies with the requirements under paragraph (2)(E); or
(D) to use an automatic telephone dialing system in such a way that two or more telephone lines of a multi-line business
are engaged simultaneously.
(2) Regulations; exemptions and other provisions
The Commission shall prescribe regulations to implement the requirements of this subsection. In implementing the
requirements of this subsection, the Commission-(A) shall consider prescribing regulations to allow businesses to avoid receiving calls made using an artificial or
prerecorded voice to which they have not given their prior express consent;
(B) may, by rule or order, exempt from the requirements of paragraph (1)(B) of this subsection, subject to such conditions
as the Commission may prescribe-(i) calls that are not made for a commercial purpose; and
(ii) such classes or categories of calls made for commercial purposes as the Commission determines-(I) will not adversely affect the privacy rights that this section is intended to protect; and
(II) do not include the transmission of any unsolicited advertisement;
(C) may, by rule or order, exempt from the requirements of paragraph (1)(A)(iii) of this subsection calls to a telephone
number assigned to a cellular telephone service that are not charged to the called party, subject to such conditions as the
Commission may prescribe as necessary in the interest of the privacy rights this section is intended to protect;
(D) shall provide that a notice contained in an unsolicited advertisement complies with the requirements under this
subparagraph only if-© 2020 Thomson Reuters. No claim to original U.S. Government Works.

3

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(i) the notice is clear and conspicuous and on the first page of the unsolicited advertisement;
(ii) the notice states that the recipient may make a request to the sender of the unsolicited advertisement not to send
any future unsolicited advertisements to a telephone facsimile machine or machines and that failure to comply, within
the shortest reasonable time, as determined by the Commission, with such a request meeting the requirements under
subparagraph (E) is unlawful;
(iii) the notice sets forth the requirements for a request under subparagraph (E);
(iv) the notice includes-(I) a domestic contact telephone and facsimile machine number for the recipient to transmit such a request to the
sender; and
(II) a cost-free mechanism for a recipient to transmit a request pursuant to such notice to the sender of the unsolicited
advertisement; the Commission shall by rule require the sender to provide such a mechanism and may, in the discretion
of the Commission and subject to such conditions as the Commission may prescribe, exempt certain classes of small
business senders, but only if the Commission determines that the costs to such class are unduly burdensome given
the revenues generated by such small businesses;
(v) the telephone and facsimile machine numbers and the cost-free mechanism set forth pursuant to clause (iv) permit
an individual or business to make such a request at any time on any day of the week; and
(vi) the notice complies with the requirements of subsection (d);
(E) shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile machine
complies with the requirements under this subparagraph only if-(i) the request identifies the telephone number or numbers of the telephone facsimile machine or machines to which
the request relates;
(ii) the request is made to the telephone or facsimile number of the sender of such an unsolicited advertisement provided
pursuant to subparagraph (D)(iv) or by any other method of communication as determined by the Commission; and
(iii) the person making the request has not, subsequent to such request, provided express invitation or permission to the
sender, in writing or otherwise, to send such advertisements to such person at such telephone facsimile machine;
(F) may, in the discretion of the Commission and subject to such conditions as the Commission may prescribe, allow
professional or trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to their

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

4

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

members in furtherance of the association's tax-exempt purpose that do not contain the notice required by paragraph (1)
(C)(iii), except that the Commission may take action under this subparagraph only-(i) by regulation issued after public notice and opportunity for public comment; and
(ii) if the Commission determines that such notice required by paragraph (1)(C)(iii) is not necessary to protect the ability
of the members of such associations to stop such associations from sending any future unsolicited advertisements;
(G)(i) may, consistent with clause (ii), limit the duration of the existence of an established business relationship, however,
before establishing any such limits, the Commission shall-(I) determine whether the existence of the exception under paragraph (1)(C) relating to an established business
relationship has resulted in a significant number of complaints to the Commission regarding the sending of unsolicited
advertisements to telephone facsimile machines;
(II) determine whether a significant number of any such complaints involve unsolicited advertisements that were sent on
the basis of an established business relationship that was longer in duration than the Commission believes is consistent
with the reasonable expectations of consumers;
(III) evaluate the costs to senders of demonstrating the existence of an established business relationship within a specified
period of time and the benefits to recipients of establishing a limitation on such established business relationship; and
(IV) determine whether with respect to small businesses, the costs would not be unduly burdensome; and
(ii) may not commence a proceeding to determine whether to limit the duration of the existence of an established business
relationship before the expiration of the 3-month period that begins on July 9, 2005;
(H) may restrict or limit the number and duration of calls made to a telephone number assigned to a cellular telephone
service to collect a debt owed to or guaranteed by the United States; and
(I) shall ensure that any exemption under subparagraph (B) or (C) contains requirements for calls made in reliance on the
exemption with respect to-(i) the classes of parties that may make such calls;
(ii) the classes of parties that may be called; and
(iii) the number of such calls that a calling party may make to a particular called party.

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

5

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(3) Private right of action
A person or entity may, if otherwise permitted by the laws or rules of court of a State, bring in an appropriate court of that
State-(A) an action based on a violation of this subsection or the regulations prescribed under this subsection to enjoin such
violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive $500 in damages for each such
violation, whichever is greater, or
(C) both such actions.
If the court finds that the defendant willfully or knowingly violated this subsection or the regulations prescribed under this
subsection, the court may, in its discretion, increase the amount of the award to an amount equal to not more than 3 times
the amount available under subparagraph (B) of this paragraph.
(4) Civil forfeiture
(A) In general
Any person that is determined by the Commission, in accordance with paragraph (3) or (4) of section 503(b) of this title,
to have violated this subsection shall be liable to the United States for a forfeiture penalty pursuant to section 503(b)(1) of
this title. Paragraph (5) of section 503(b) of this title shall not apply in the case of a violation of this subsection. A forfeiture
penalty under this subparagraph shall be in addition to any other penalty provided for by this chapter. The amount of the
forfeiture penalty determined under this subparagraph shall be determined in accordance with subparagraphs (A) through
(F) of section 503(b)(2) of this title.
(B) Violation with intent
Any person that is determined by the Commission, in accordance with paragraph (3) or (4) of section 503(b) of this title,
to have violated this subsection with the intent to cause such violation shall be liable to the United States for a forfeiture
penalty pursuant to section 503(b)(1) of this title. Paragraph (5) of section 503(b) of this title shall not apply in the case
of a violation of this subsection. A forfeiture penalty under this subparagraph shall be in addition to any other penalty
provided for by this chapter. The amount of the forfeiture penalty determined under this subparagraph shall be equal to an
amount determined in accordance with subparagraphs (A) through (F) of section 503(b)(2) of this title plus an additional
penalty not to exceed $10,000.
(C) Recovery
Any forfeiture penalty determined under subparagraph (A) or (B) shall be recoverable under section 504(a) of this title.
(D) Procedure
© 2020 Thomson Reuters. No claim to original U.S. Government Works.

6

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

No forfeiture liability shall be determined under subparagraph (A) or (B) against any person unless such person receives
the notice required by section 503(b)(3) of this title or section 503(b)(4) of this title.
(E) Statute of limitations
Notwithstanding paragraph (6) of section 503(b) of this title, no forfeiture penalty shall be determined or imposed against
any person-(i) under subparagraph (A) if the violation charged occurred more than 1 year prior to the date of issuance of the required
notice or notice of apparent liability; or
(ii) under subparagraph (B) if the violation charged occurred more than 4 years prior to the date of issuance of the
required notice or notice of apparent liability.
(F) Rule of construction
Notwithstanding any law to the contrary, the Commission may not determine or impose a forfeiture penalty on a person
under both subparagraphs (A) and (B) based on the same conduct.
(c) Protection of subscriber privacy rights
(1) Rulemaking proceeding required
Within 120 days after December 20, 1991, the Commission shall initiate a rulemaking proceeding concerning the need to
protect residential telephone subscribers' privacy rights to avoid receiving telephone solicitations to which they object. The
proceeding shall-(A) compare and evaluate alternative methods and procedures (including the use of electronic databases, telephone
network technologies, special directory markings, industry-based or company-specific “do not call” systems, and any other
alternatives, individually or in combination) for their effectiveness in protecting such privacy rights, and in terms of their
cost and other advantages and disadvantages;
(B) evaluate the categories of public and private entities that would have the capacity to establish and administer such
methods and procedures;
(C) consider whether different methods and procedures may apply for local telephone solicitations, such as local telephone
solicitations of small businesses or holders of second class mail permits;
(D) consider whether there is a need for additional Commission authority to further restrict telephone solicitations,
including those calls exempted under subsection (a)(3) of this section, and, if such a finding is made and supported by the
record, propose specific restrictions to the Congress; and

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

7

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(E) develop proposed regulations to implement the methods and procedures that the Commission determines are most
effective and efficient to accomplish the purposes of this section.
(2) Regulations
Not later than 9 months after December 20, 1991, the Commission shall conclude the rulemaking proceeding initiated under
paragraph (1) and shall prescribe regulations to implement methods and procedures for protecting the privacy rights described
in such paragraph in an efficient, effective, and economic manner and without the imposition of any additional charge to
telephone subscribers.
(3) Use of database permitted
The regulations required by paragraph (2) may require the establishment and operation of a single national database to
compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations, and to make
that compiled list and parts thereof available for purchase. If the Commission determines to require such a database, such
regulations shall-(A) specify a method by which the Commission will select an entity to administer such database;
(B) require each common carrier providing telephone exchange service, in accordance with regulations prescribed by the
Commission, to inform subscribers for telephone exchange service of the opportunity to provide notification, in accordance
with regulations established under this paragraph, that such subscriber objects to receiving telephone solicitations;
(C) specify the methods by which each telephone subscriber shall be informed, by the common carrier that provides local
exchange service to that subscriber, of (i) the subscriber's right to give or revoke a notification of an objection under
subparagraph (A), and (ii) the methods by which such right may be exercised by the subscriber;
(D) specify the methods by which such objections shall be collected and added to the database;
(E) prohibit any residential subscriber from being charged for giving or revoking such notification or for being included
in a database compiled under this section;
(F) prohibit any person from making or transmitting a telephone solicitation to the telephone number of any subscriber
included in such database;
(G) specify (i) the methods by which any person desiring to make or transmit telephone solicitations will obtain access
to the database, by area code or local exchange prefix, as required to avoid calling the telephone numbers of subscribers
included in such database; and (ii) the costs to be recovered from such persons;

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

8

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(H) specify the methods for recovering, from persons accessing such database, the costs involved in identifying, collecting,
updating, disseminating, and selling, and other activities relating to, the operations of the database that are incurred by the
entities carrying out those activities;
(I) specify the frequency with which such database will be updated and specify the method by which such updating will
take effect for purposes of compliance with the regulations prescribed under this subsection;
(J) be designed to enable States to use the database mechanism selected by the Commission for purposes of administering
or enforcing State law;
(K) prohibit the use of such database for any purpose other than compliance with the requirements of this section and
any such State law and specify methods for protection of the privacy rights of persons whose numbers are included in
such database; and
(L) require each common carrier providing services to any person for the purpose of making telephone solicitations to
notify such person of the requirements of this section and the regulations thereunder.
(4) Considerations required for use of database method
If the Commission determines to require the database mechanism described in paragraph (3), the Commission shall-(A) in developing procedures for gaining access to the database, consider the different needs of telemarketers conducting
business on a national, regional, State, or local level;
(B) develop a fee schedule or price structure for recouping the cost of such database that recognizes such differences and-(i) reflect the relative costs of providing a national, regional, State, or local list of phone numbers of subscribers who
object to receiving telephone solicitations;
(ii) reflect the relative costs of providing such lists on paper or electronic media; and
(iii) not place an unreasonable financial burden on small businesses; and
(C) consider (i) whether the needs of telemarketers operating on a local basis could be met through special markings of
area white pages directories, and (ii) if such directories are needed as an adjunct to database lists prepared by area code
and local exchange prefix.
(5) Private right of action

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

9

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

A person who has received more than one telephone call within any 12-month period by or on behalf of the same entity in
violation of the regulations prescribed under this subsection may, if otherwise permitted by the laws or rules of court of a
State bring in an appropriate court of that State-(A) an action based on a violation of the regulations prescribed under this subsection to enjoin such violation,
(B) an action to recover for actual monetary loss from such a violation, or to receive up to $500 in damages for each such
violation, whichever is greater, or
(C) both such actions.
It shall be an affirmative defense in any action brought under this paragraph that the defendant has established and
implemented, with due care, reasonable practices and procedures to effectively prevent telephone solicitations in violation
of the regulations prescribed under this subsection. If the court finds that the defendant willfully or knowingly violated
the regulations prescribed under this subsection, the court may, in its discretion, increase the amount of the award to an
amount equal to not more than 3 times the amount available under subparagraph (B) of this paragraph.
(6) Relation to subsection (b)
The provisions of this subsection shall not be construed to permit a communication prohibited by subsection (b).
(d) Technical and procedural standards
(1) Prohibition
It shall be unlawful for any person within the United States-(A) to initiate any communication using a telephone facsimile machine, or to make any telephone call using any automatic
telephone dialing system, that does not comply with the technical and procedural standards prescribed under this subsection,
or to use any telephone facsimile machine or automatic telephone dialing system in a manner that does not comply with
such standards; or
(B) to use a computer or other electronic device to send any message via a telephone facsimile machine unless such
person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first page of
the transmission, the date and time it is sent and an identification of the business, other entity, or individual sending the
message and the telephone number of the sending machine or of such business, other entity, or individual.
(2) Telephone facsimile machines
The Commission shall revise the regulations setting technical and procedural standards for telephone facsimile machines to
require that any such machine which is manufactured after one year after December 20, 1991, clearly marks, in a margin at
the top or bottom of each transmitted page or on the first page of each transmission, the date and time sent, an identification

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

10

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

of the business, other entity, or individual sending the message, and the telephone number of the sending machine or of such
business, other entity, or individual.
(3) Artificial or prerecorded voice systems
The Commission shall prescribe technical and procedural standards for systems that are used to transmit any artificial or
prerecorded voice message via telephone. Such standards shall require that-(A) all artificial or prerecorded telephone messages (i) shall, at the beginning of the message, state clearly the identity
of the business, individual, or other entity initiating the call, and (ii) shall, during or after the message, state clearly the
telephone number or address of such business, other entity, or individual; and
(B) any such system will automatically release the called party's line within 5 seconds of the time notification is transmitted
to the system that the called party has hung up, to allow the called party's line to be used to make or receive other calls.
(e) Prohibition on provision of misleading or inaccurate caller identification information
(1) In general
It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within
the United States, in connection with any voice service or text messaging service, to cause any caller identification service
to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or
wrongfully obtain anything of value, unless such transmission is exempted pursuant to paragraph (3)(B).
(2) Protection for blocking caller identification information
Nothing in this subsection may be construed to prevent or restrict any person from blocking the capability of any caller
identification service to transmit caller identification information.
(3) Regulations
(A) In general
The Commission shall prescribe regulations to implement this subsection.
(B) Content of regulations
(i) In general
The regulations required under subparagraph (A) shall include such exemptions from the prohibition under paragraph
(1) as the Commission determines is appropriate.

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

11

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(ii) Specific exemption for law enforcement agencies or court orders
The regulations required under subparagraph (A) shall exempt from the prohibition under paragraph (1) transmissions
in connection with-(I) any authorized activity of a law enforcement agency; or
(II) a court order that specifically authorizes the use of caller identification manipulation.
(4) Repealed. Pub.L. 115-141, Div. P, Title IV, § 402(i)(3), Mar. 23, 2018, 132 Stat. 1089
(5) Penalties
(A) Civil forfeiture
(i) In general
Any person that is determined by the Commission, in accordance with paragraphs (3) and (4) of section 503(b) of this
title, to have violated this subsection shall be liable to the United States for a forfeiture penalty. A forfeiture penalty
under this paragraph shall be in addition to any other penalty provided for by this chapter. The amount of the forfeiture
penalty determined under this paragraph shall not exceed $10,000 for each violation, or 3 times that amount for each
day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of
$1,000,000 for any single act or failure to act.
(ii) Recovery
Any forfeiture penalty determined under clause (i) shall be recoverable pursuant to section 504(a) of this title. Paragraph
(5) of section 503(b) of this title shall not apply in the case of a violation of this subsection.
(iii) Procedure
No forfeiture liability shall be determined under clause (i) against any person unless such person receives the notice
required by section 503(b)(3) of this title or section 503(b)(4) of this title.
(iv) 4-year statute of limitations
No forfeiture penalty shall be determined or imposed against any person under clause (i) if the violation charged occurred
more than 4 years prior to the date of issuance of the required notice or notice or apparent liability.
(B) Criminal fine

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

12

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

Any person who willfully and knowingly violates this subsection shall upon conviction thereof be fined not more than
$10,000 for each violation, or 3 times that amount for each day of a continuing violation, in lieu of the fine provided by
section 501 of this title for such a violation. This subparagraph does not supersede the provisions of section 501 of this
title relating to imprisonment or the imposition of a penalty of both fine and imprisonment.
(6) Enforcement by States
(A) In general
The chief legal officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of
a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court
of the United States to enforce this subsection or to impose the civil penalties for violation of this subsection, whenever
the chief legal officer or other State officer has reason to believe that the interests of the residents of the State have been
or are being threatened or adversely affected by a violation of this subsection or a regulation under this subsection.
(B) Notice
The chief legal officer or other State officer shall serve written notice on the Commission of any civil action under
subparagraph (A) prior to initiating such civil action. The notice shall include a copy of the complaint to be filed to initiate
such civil action, except that if it is not feasible for the State to provide such prior notice, the State shall provide such
notice immediately upon instituting such civil action.
(C) Authority to intervene
Upon receiving the notice required by subparagraph (B), the Commission shall have the right-(i) to intervene in the action;
(ii) upon so intervening, to be heard on all matters arising therein; and
(iii) to file petitions for appeal.
(D) Construction
For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph shall prevent the chief
legal officer or other State officer from exercising the powers conferred on that officer by the laws of such State to
conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production
of documentary and other evidence.
(E) Venue; service or process
(i) Venue

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

13

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

An action brought under subparagraph (A) shall be brought in a district court of the United States that meets applicable
requirements relating to venue under section 1391 of Title 28.
(ii) Service of process
In an action brought under subparagraph (A)-(I) process may be served without regard to the territorial limits of the district or of the State in which the action
is instituted; and
(II) a person who participated in an alleged violation that is being litigated in the civil action may be joined in the
civil action without regard to the residence of the person.
(7) Effect on other laws
This subsection does not prohibit any lawfully authorized investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a State, or a political subdivision of a State, or of an intelligence agency of the
United States.
(8) Definitions
For purposes of this subsection:
(A) Caller identification information
The term “caller identification information” means information provided by a caller identification service regarding the
telephone number of, or other information regarding the origination of, a call made using a voice service or a text message
sent using a text messaging service.
(B) Caller identification service
The term “caller identification service” means any service or device designed to provide the user of the service or device
with the telephone number of, or other information regarding the origination of, a call made using a voice service or a text
message sent using a text messaging service. Such term includes automatic number identification services.
(C) Text message
The term “Text message”-(i) means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that
is identified as the receiving or transmitting device by means of a 10-digit telephone number or N11 service code;

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

14

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(ii) includes a short message service (commonly referred to as “SMS”) message and a multimedia message service
(commonly referred to as “MMS”) message; and
(iii) does not include-(I) a real-time, two-way voice or video communication; or
(II) a message sent over an IP-enabled messaging service to another user of the same messaging service, except a
message described in clause (ii).
(D) Text messaging service
The term “text messaging service” means a service that enables the transmission or receipt of a text message, including a
service provided as part of or in connection with a voice service.
(E) Voice service
The term “voice service”-(i) means any service that is interconnected with the public switched telephone network and that furnishes voice
communications to an end user using resources from the North American Numbering Plan or any successor to the North
American Numbering Plan adopted by the Commission under section 251(e)(1); and
(ii) includes transmissions from a telephone facsimile machine, computer, or other device to a telephone facsimile
machine.
(9) Limitation
Notwithstanding any other provision of this section, subsection (f) shall not apply to this subsection or to the regulations
under this subsection.
(f) Effect on State law
(1) State law not preempted
Except for the standards prescribed under subsection (d) and subject to paragraph (2) of this subsection, nothing in this
section or in the regulations prescribed under this section shall preempt any State law that imposes more restrictive intrastate
requirements or regulations on, or which prohibits-(A) the use of telephone facsimile machines or other electronic devices to send unsolicited advertisements;

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

15

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(B) the use of automatic telephone dialing systems;
(C) the use of artificial or prerecorded voice messages; or
(D) the making of telephone solicitations.
(2) State use of databases
If, pursuant to subsection (c)(3), the Commission requires the establishment of a single national database of telephone numbers
of subscribers who object to receiving telephone solicitations, a State or local authority may not, in its regulation of telephone
solicitations, require the use of any database, list, or listing system that does not include the part of such single national
database that relates to such State.
(g) Actions by States
(1) Authority of States
Whenever the attorney general of a State, or an official or agency designated by a State, has reason to believe that any person
has engaged or is engaging in a pattern or practice of telephone calls or other transmissions to residents of that State in
violation of this section or the regulations prescribed under this section, the State may bring a civil action on behalf of its
residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation,
or both such actions. If the court finds the defendant willfully or knowingly violated such regulations, the court may, in its
discretion, increase the amount of the award to an amount equal to not more than 3 times the amount available under the
preceding sentence.
(2) Exclusive jurisdiction of Federal courts
The district courts of the United States, the United States courts of any territory, and the District Court of the United States for
the District of Columbia shall have exclusive jurisdiction over all civil actions brought under this subsection. Upon proper
application, such courts shall also have jurisdiction to issue writs of mandamus, or orders affording like relief, commanding the
defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement
that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a permanent
or temporary injunction or restraining order shall be granted without bond.
(3) Rights of Commission
The State shall serve prior written notice of any such civil action upon the Commission and provide the Commission with
a copy of its complaint, except in any case where such prior notice is not feasible, in which case the State shall serve such
notice immediately upon instituting such action. The Commission shall have the right (A) to intervene in the action, (B) upon
so intervening, to be heard on all matters arising therein, and (C) to file petitions for appeal.
(4) Venue; service of process

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

16

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

Any civil action brought under this subsection in a district court of the United States may be brought in the district wherein
the defendant is found or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process
in such cases may be served in any district in which the defendant is an inhabitant or where the defendant may be found.
(5) Investigatory powers
For purposes of bringing any civil action under this subsection, nothing in this section shall prevent the attorney general of
a State, or an official or agency designated by a State, from exercising the powers conferred on the attorney general or such
official by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance
of witnesses or the production of documentary and other evidence.
(6) Effect on State court proceedings
Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court
on the basis of an alleged violation of any general civil or criminal statute of such State.
(7) Limitation
Whenever the Commission has instituted a civil action for violation of regulations prescribed under this section, no State may,
during the pendency of such action instituted by the Commission, subsequently institute a civil action against any defendant
named in the Commission's complaint for any violation as alleged in the Commission's complaint.
(8) “Attorney general” defined
As used in this subsection, the term “attorney general” means the chief legal officer of a State.
(h) Annual report to Congress on robocalls and transmission of misleading or inaccurate caller identification information
(1) Report required
Not later than 1 year after December 30, 2019, and annually thereafter, the Commission, after consultation with the Federal
Trade Commission, shall submit to Congress a report regarding enforcement by the Commission of subsections (b), (c), (d),
and (e) during the preceding calendar year.
(2) Matters for inclusion
Each report required by paragraph (1) shall include the following:
(A) The number of complaints received by the Commission during each of the preceding 5 calendar years, for each of
the following categories:
(i) Complaints alleging that a consumer received a call in violation of subsection (b) or (c).

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

17

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(ii) Complaints alleging that a consumer received a call in violation of the standards prescribed under subsection (d).
(iii) Complaints alleging that a consumer received a call in connection with which misleading or inaccurate caller
identification information was transmitted in violation of subsection (e).
(B) The number of citations issued by the Commission pursuant to section 503(b) of this title during the preceding calendar
year to enforce subsection (d), and details of each such citation.
(C) The number of notices of apparent liability issued by the Commission pursuant to section 503(b) of this title during the
preceding calendar year to enforce subsections (b), (c), (d), and (e), and details of each such notice including any proposed
forfeiture amount.
(D) The number of final orders imposing forfeiture penalties issued pursuant to section 503(b) of this title during the
preceding calendar year to enforce such subsections, and details of each such order including the forfeiture imposed.
(E) The amount of forfeiture penalties or criminal fines collected, during the preceding calendar year, by the Commission
or the Attorney General for violations of such subsections, and details of each case in which such a forfeiture penalty or
criminal fine was collected.
(F) Proposals for reducing the number of calls made in violation of such subsections.
(G) An analysis of the contribution by providers of interconnected VoIP service and non-interconnected VoIP service that
discount high-volume, unlawful, short-duration calls to the total number of calls made in violation of such subsections,
and recommendations on how to address such contribution in order to decrease the total number of calls made in violation
of such subsections.
(3) No additional reporting required
The Commission shall prepare the report required by paragraph (1) without requiring the provision of additional information
from providers of telecommunications service or voice service (as defined in section 227b(a) of this title).
(i) Information sharing
(1) In general
Not later than 18 months after December 30, 2019, the Commission shall prescribe regulations to establish a process that
streamlines the ways in which a private entity may voluntarily share with the Commission information relating to-(A) a call made or a text message sent in violation of subsection (b); or

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

18

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

(B) a call or text message for which misleading or inaccurate caller identification information was caused to be transmitted
in violation of subsection (e).
(2) Text message defined
In this subsection, the term “text message” has the meaning given such term in subsection (e)(8).
(j) Robocall blocking service
(1) In general
Not later than 1 year after December 30, 2019, the Commission shall take a final agency action to ensure the robocall
blocking services provided on an opt-out or opt-in basis pursuant to the Declaratory Ruling of the Commission in the matter
of Advanced Methods to Target and Eliminate Unlawful Robocalls (CG Docket No. 17-59; FCC 19-51; adopted on June
6, 2019)-(A) are provided with transparency and effective redress options for both-(i) consumers; and
(ii) callers; and
(B) are provided with no additional line item charge to consumers and no additional charge to callers for resolving
complaints related to erroneously blocked calls; and
(C) make all reasonable efforts to avoid blocking emergency public safety calls.
(2) Text message defined
In this subsection, the term “text message” has the meaning given such term in subsection (e)(8).
CREDIT(S)
(June 19, 1934, c. 652, Title II, § 227, as added Pub.L. 102-243, § 3(a), Dec. 20, 1991, 105 Stat. 2395; amended Pub.L.
102-556, Title IV, § 402, Oct. 28, 1992, 106 Stat. 4194; Pub.L. 103-414, Title III, § 303(a)(11), (12), Oct. 25, 1994, 108 Stat.
4294; Pub.L. 108-187, § 12, Dec. 16, 2003, 117 Stat. 2717; Pub.L. 109-21, §§ 2(a) to (g), 3, July 9, 2005, 119 Stat. 359, 362;
Pub.L. 111-331, § 2, Dec. 22, 2010, 124 Stat. 3572; Pub.L. 114-74, Title III, § 301(a), Nov. 2, 2015, 129 Stat. 588; Pub.L.
115-141, Div. P, Title IV, § 402(i)(3), Title V, § 503(a)(1) to (4)(A), Mar. 23, 2018, 132 Stat. 1089, 1091; Pub.L. 116-105, §§
3(a), 8(a), 10(a), (b), Dec. 30, 2019, 133 Stat. 3274, 3283, 3284.)

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

19

§ 227. Restrictions on use of telephone equipment, 47 USCA § 227

Footnotes
1
So in original. The second closing parenthesis probably should not appear.
47 U.S.C.A. § 227, 47 USCA § 227
Current through P.L. 116-193.
End of Document

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

© 2020 Thomson Reuters. No claim to original U.S. Government Works.

20