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S 3556 IS
112th CONGRESS
2d Session
S. 3556
To provide penalties for email marketing fraud.
IN THE SENATE OF THE UNITED STATES
September 19, 2012
Mr. WHITEHOUSE (for himself and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
A BILL
To provide penalties for email marketing fraud.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
SEC. 2. INVESTMENT SCAMS.
Section 2325(1) of title 18, United States Code, is amended--
(1) in subparagraph (B), by striking ‘or,’ at the end;
(2) in subparagraph (C), by striking ‘value,’ and inserting ‘value;’; and
(3) by inserting before ‘by use of 1’ the following:
‘(D) investment for financial profit;
‘(E) participation in a business opportunity; or
‘(F) commitment to a loan,’.
SEC. 3. ENHANCED PENALTIES FOR HEALTH CARE FRAUD.
Section 2326 of title 18, United States Code, is amended in the matter preceding paragraph (1), by striking ‘or 1344’ and inserting ‘1344, or 1347 or section 1128B of the Social Security Act (42 U.S.C. 1320a-7b)’.
SEC. 4. EMAIL MARKETING SCAMS.
(a) In General- Chapter 113A of title 18, United States Code, is amended--
(1) in the chapter heading by inserting ‘AND EMAIL MARKETING’ after ‘TELEMARKETING’;
(2) in section 2325--
(A) in the matter preceding paragraph (1) by inserting ‘or email marketing’ after ‘telemarketing’;
(B) in paragraph (1), as amended by section 2, in the flush text following subparagraph (F), by inserting ‘, emails, text messages, or electronic instant messages’ after ‘interstate telephone calls’; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by inserting ‘posting, publication, or’ before ‘mailing’; and
(ii) in the flush text following subparagraph (D)--
(I) by inserting ‘, email, text message, or electronic instant message’ after ‘by telephone’;
(II) by striking ‘receives calls’ and inserting ‘receives interstate telephone calls, emails, text messages, or electronic instant messages’; and
(III) by striking ‘during those calls takes orders without’ and inserting ‘in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct’; and
(3) in section 2326, in the matter preceding paragraph (1), as amended by section 3, by inserting ‘or email marketing’ after ‘telemarketing’.
(b) Conforming Amendment- The table of chapters at the beginning of part I of title 18, United States Code, is amended by striking the item relating to chapter 113A and inserting the following:
2325’.
U.S. Congress - Text of S.3556 as Introduced in Senate Telemarketing Fraud Modernization Act of 2012
