Telemarketing and Consumer Fraud and Abuse Prevention Act
Public Law 103-297 · H.R. 868 · 103rd Congress · began in the House
Signed by Bill Clinton (D) on Aug 16, 1994 · Government Operations and Politics
Sponsor: Rep. Allan Swift (D-WA-2)
Cosponsors (3): Rep. Michael Oxley, Rep. Blanche Lincoln,
Passage votes
- HouseMethod not stated
- SenateVoice vote
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Telemarketing and Consumer Fraud and Abuse Prevention Act - Directs the Federal Trade Commission to prescribe rules prohibiting deceptive telemarketing acts or practices and other abusive telemarketing acts or practices. Requires such rules to include: (1) a requirement that telemarketers not make unsolicited calls in a pattern which a reasonable customer would consider coercive or abusive of the customer's right to privacy; (2) restrictions on the times of day and night when unsolicited calls can be made to consumers; and (3) a requirement that any telephone solicitor shall promptly and clearly disclose the purpose of the call. Directs the Securities and Exchange Commission and the Commodity Futures Trading Commission to promulgate similar rules regarding telemarketing by brokers and dealers, unless Federal laws or rules adopted by such Commissions provide protection or such rules are not necessary or appropriate in the public interest.
Requires such Commissions to publish reasons for allowing any exception.
(Sec. 4) Permits the attorney general of any State, whenever there is reason to believe that the interests of a State's residents are adversely affected because of a telemarketing practice which violates rules promulgated pursuant to this Act, to bring a civil action to enjoin such telemarketing and to obtain damages and other appropriate relief.
(Sec. 5) Permits similar actions by any person adversely affected by violations of the rules promulgated pursuant to this Act, if the amount in controversy exceeds the sum or value of $50,000 in actual damages for each person adversely affected.
(Sec. 8) Amends the Federal Trade Commission Act to make it unlawful to disseminate by U.S. mails or by any means false advertisements concerning services.
(Sec. 9) Permits the Federal Trade Commission, until two years following the promulgation of rules under this Act, to bring a criminal contempt action for violations of orders of the Commission obtained in false advertising cases.
(Sec. 10) Provides for the review of the implementation of this Act, five years following the promulgation of rules, and for a report to the Congress.
Committees
The committees the bill was sent to, and what each did with it.
Energy and Commerce Committee · House · markup by, referred to, reported bySubcommittee: Transportation and Hazardous Materials Subcommittee
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 21 actions.
- Aug 16, 1994Became lawBecame law · Became Public Law No: 103-297.
- Became lawBecame law · Signed by President.
- Aug 4, 1994PresidentPresident · Presented to President.
- Aug 2, 1994Resolving differencesResolving differences · Senate agreed to House amendment to Senate amendment by Voice Vote.
- Jul 25, 1994FloorFloor · House agreed to Senate amendment with amendment pursuant to H. Res. 488.
- Jun 30, 1993FloorFloor · Passed Senate in lieu of S. 568 with an amendment by Voice Vote.
- FloorFloor · Measure laid before Senate by unanimous consent.
- CommitteeCommittee · Discharged from Senate Commerce, Science, and Transportation Committee
- Mar 3, 1993CommitteeCommittee · Referred to Senate Commerce, Science, and Transportation Committee
- Mar 2, 1993FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
- FloorFloor · On motion to suspend the rules and pass the bill, as amended Agreed to by the Yeas and Nays (2/3 required): 411 - 3 (Roll No. 45).House roll call 45
- FloorFloor · At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 5, rule I, the chair announced that further proceedings on the motion would be postponed.
- FloorFloor · Mr. Swift moved to suspend the rules and pass the bill, as amended.
- Feb 24, 1993CommitteeCommittee · Reported by House Energy and Commerce Committee
- Feb 23, 1993CommitteeCommittee · Markup by House Energy and Commerce Committee
- Feb 17, 1993CommitteeCommittee · Reported by Transportation and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
- CommitteeCommittee · Markup by Transportation and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
- CommitteeCommittee · Hearings by Transportation and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
- Feb 4, 1993CommitteeCommittee · Referred to House Energy and Commerce Committee
- CommitteeCommittee · Referred to Transportation and Hazardous Materials Subcommittee of the House Energy and Commerce Committee
- IntroducedIntroduced · Introduced in the House
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.