text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Telemarketer Identification Act of 
  2001''.
  
  SEC. 2. PROHIBITION ON INTERFERENCE WITH CALLER IDENTIFICATION 
                SERVICES.
  
      (a) In General.--Section 227 of the Communications Act of 1934 (47 
  U.S.C. 227) is amended--
              (1) by redesignating subsections (e) and (f) as subsections 
          (f) and (g), respectively; and
              (2) by inserting after subsection (d) the following new 
          subsection (e):
      ``(e) Prohibition on Interference With Caller Identification 
  Services.--
              ``(1) In general.--It shall be unlawful for any person or 
          entity within the United States, in making any commercial 
          telephone solicitation, to interfere with or circumvent the 
          ability of a caller identification service to access or provide 
          to the recipient of the call the information about the call (as 
          required under the regulations issued under paragraph (2)) that 
          such service is capable of providing.
              ``(2) Regulations.--Not later than 18 months after the date 
          of the enactment of the Telemarketer Identification Act of 
          2001, the Commission shall prescribe regulations to implement 
          this subsection. The regulations shall--
                      ``(A) require any person or entity making a 
                  commercial telephone solicitation to make such 
                  solicitation in a manner such that a recipient of such 
                  solicitation having a caller identification service 
                  capable of providing such information will be provided 
                  by such service with--
                              ``(i) the name of the person or entity on 
                          whose behalf such solicitation is being made, 
                          or the name of the person or entity making the 
                          solicitation; and
                              ``(ii) a valid and working telephone number 
                          at which the person or entity making such 
                          solicitation or the person or entity on whose 
                          behalf such solicitation was made may be 
                          reached during regular business hours for the 
                          purpose of requesting that the recipient of 
                          such solicitation be placed on the do-not-call 
                          list required under section 64.1200 of the 
                          Commission's regulations (47 C.F.R. 64.1200) to 
                          be maintained by the person making such 
                          solicitation; and
                      ``(B) provide that any person or entity who 
                  receives a request from a person to be placed on such 
                  do-not-call list may not use such person's name and 
                  telephone number for any other telemarketing purpose 
                  (including transfer or sale to any other entity for 
                  telemarketing use) other than enforcement of such list.
              ``(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).
              ``(4) Definitions.--In this subsection:
                      ``(A) 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 an incoming 
                  telephone call.
                      ``(B) Telephone call.--The term `telephone call' 
                  means any telephone call or other transmission which is 
                  made to or received at a telephone number of any type 
  of telephone service. Such term includes calls made by an automatic 
  telephone dialing system, an integrated services digital network, and a 
  commercial mobile radio source.''.
      (b) Delayed Effective Date.--
              (1) In general.--The regulations prescribed by the Federal 
          Communications Commission under subsection (e) of section 227 
          of the Communications Act of 1934, as added by subsection (a), 
          shall take effect on the date that is two years after the date 
          of the enactment of this Act.
              (2) Additional delay for good cause shown.--The Commission 
          may grant a wavier from compliance with the regulations 
          referred to in paragraph (1) for a period of not more than 24 
          months upon application (made at such time, in such form, and 
          containing such information as the Commission may require), and 
          after notice to the public and an opportunity for comment, to 
          any person who demonstrates to the satisfaction of the 
          Commission that--
                      (A) it will comply with the regulations before the 
                  expiration of the period of time for which the waiver 
                  is requested;
                      (B) without the requested waiver, timely compliance 
                  with the regulations would be technically infeasible 
                  because of technical problems associated with the 
                  telecommunications equipment used by the applicant; and
                      (C) replacement or upgrading of the 
                  telecommunications equipment used by the applicant in 
                  order to comply with the regulations in a timely manner 
                  without the waiver--
                              (i) would impose an unduly onerous 
                          financial burden on the applicant;
                              (ii) is not feasible because the equipment, 
                          software, or technical assistance necessary for 
                          the replacement or upgrade is not available; or
                              (iii) cannot be completed before the 
                          effective date of the regulations.
  
  SEC. 3. EFFECT ON STATE LAW AND STATE ACTIONS.
  
      (a) Effect on State Law.--Subsection (f)(1) of section 227 of the 
  Communications Act of 1934 (47 U.S.C. 227), as redesignated by section 
  2 of this Act, is further amended--
              (1) in subparagraph (C), by striking ``or'' at the end;
              (2) in subparagraph (D), by striking the period and 
          inserting ``; or''; and
              (3) by adding at the end the following new subparagraph:
                      ``(E) interfering with or circumventing caller 
                  identification services.''.
      (b) Actions by States.--The first sentence of subsection (g)(1) of 
  such section 227, as so redesignated, is further amended by inserting 
  after ``this section,'' the following: ``or has engaged or is engaging 
  in a pattern or practice of interfering with or circumventing caller 
  identification services of residents of that State in violation of 
  subsection (e) or the regulations prescribed under such subsection,''.
target: Telemarketer Identification Act of 2001 - Amends the Communications Act of 1934 to make it unlawful for any person or entity making a commercial telephone solicitation to interfere with or circumvent a caller identification service. Provides a cause of action for a person or entity, or a State attorney general on behalf of its residents, for violations of such prohibition. Authorizes the FCC to grant a temporary waiver from compliance for good cause shown (technical infeasibility).
feat_title: A bill to amend the Communications Act of 1934 to prohibit telemarketers from interfering with the caller identification service of any person to whom a telephone solicitation is made, and for other purposes.