Bill > H193

This bill, titled "To ban robocalls," aims to protect consumers by establishing penalties for unsolicited telephonic calls, often referred to as "robocalls," which are automated or prerecorded messages. The Attorney General is empowered to take legal action against knowing violations, including seeking injunctions and imposing civil penalties of at least $10,000 per violation, with a minimum of $1,500 for violations affecting consumers aged 65 or older. Individuals who receive more than one such unsolicited call from the same entity within a year can sue to stop the calls and recover either their actual monetary losses or at least $10,000 in damages, whichever is greater. The prevailing party in any legal action related to these violations will be awarded reasonable attorney's fees and costs. The bill also sets a five-year statute of limitations for bringing such actions, meaning legal proceedings must be initiated within five years of the violation or the termination of a related government action. Importantly, this ban does not apply to prerecorded healthcare messages made by or on behalf of covered entities or their business associates, as defined by the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule.