crs_reports: R48941

Congressional Research Service reports with summaries, authors, and topic classifications.

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R48941 Combating Robocalls and Robotexts: Background, Selected FCC Activity, and Legislative Activity in the 119th Congress 2026-05-12T04:00:00Z 2026-05-14T15:22:54Z Active Reports Patricia Moloney Figliola   Curtailing robocalls and robotexts presents challenges for lawmakers, regulators, the telecommunications industry, and consumers. Robocalls are calls made with an automatic telephone dialing system—usually referred to as an “autodialer”—that transmits a message made with a prerecorded or artificial voice. Robotexts are text messages also made using autodialers. An autodialer is any equipment that can “store or produce telephone numbers ... using a random or sequential number generator” and dial those numbers. The term robocall generally encompasses both robocalls and robotexts. The Federal Communications Commission (FCC) regulates robocalls and robotexts. Both are generally illegal if they are made to any mobile phone (and in the case of robocalls, to a nonbusiness landline) without the recipient’s prior express written consent. Three laws are the primary basis for the FCC’s authority to regulate robocalls: The Telephone Consumer Protection Act of 1991 (TCPA; P.L. 102-243) restricts the use of autodialers, the use of prerecorded/artificial voice messages, and unsolicited advertisements both by voice phone call and by fax. The TCPA and its implementing regulations generally prohibit prerecorded advertising calls to residential landline numbers unless the called party has given prior express written consent. The Truth in Caller ID Act of 2009 (P.L. 111-331) prohibits any person, 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.” The Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act; P.L. 116-105) expanded the actions the FCC could take to fight illegal robocalls. The TRACED Act is the basis for many of the tools targeting illegal robocalls. For example, the TRACED Act led to implementing the protocol designed to limit the completion of illegal robocalls and prevent caller ID spoofing. FCC regulations have provided the framework through which the telecommunications industry has developed network-based tools to stop robocalls from reaching customers. The telecommunications industry, both service providers and equipment manufacturers, and third-party application (app) developers have created end-user tools for consumers to block suspected robocalls and robotexts, including built-in phone features, carrier services, and apps. Combining one or more methods may provide a more effective defense for consumers than any single approach. Through legislation and rulemaking, the FCC uses several methods to fight illegal robocalls, but scammers may adapt their methods over time, such as adopting internet-based calling systems and artificial intelligence (AI), making technical solutions partly effective. The FCC has taken a range of enforcement actions to stop illegal robocalls, including revoking certain certifications of service providers, disconnecting noncompliant voice service providers from the U.S. telephone network, issuing fines, and publicly classifying some entities as threats to communication services. Four bills have been introduced in the 119th Congress that would affect robocall regulation: The Foreign Robocall Elimination Act (H.R. 6152/S. 2666) would direct the FCC to establish a task force on unlawful robocalls; the Quashing Unwanted and Interruptive Electronic Telecommunications Act (H.R. 1027) would establish a disclosure requirement for robocalls that use AI to emulate a human being and increase forfeiture and fine amounts for certain violations of the TCPA; and the Creating Legal and Ethical AI Recordings Act (H.R. 334) would provide statutory authority to apply standards to systems that transmit artificial or prerecorded telephone messages generated using AI. Further, H.R. 6152 would require voice providers to post a bond before being able to conduct business, potentially pushing them and their insurers to more rigorously prevent scam traffic. Congress may consider a range of options to target robocalls and texts, including passing one or more of the pending bills, expanding the FCC’s authority to collect the civil penalties it issues for illegal robocalls, examining recent FCC actions for consistency with congressional intent, or deferring to the FCC to continue its efforts to stop robocalls. https://www.congress.gov/crs_external_products/R/PDF/R48941/R48941.2.pdf https://www.congress.gov/crs_external_products/R/HTML/R48941.html

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