Sec. 101. Enhanced penalty for telemarketing and email-marketing fraud directed at elders

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Chapter 113A of title 18, United States Code, is amended— in the chapter heading by inserting after AND EMAIL MARKETING ; TELEMARKETING by striking section 2325 and inserting the following: In this chapter, the term telemarketing or email marketing — means a plan, program, promotion, or campaign that is conducted to induce— purchases of goods or services; participation in a contest or sweepstakes; a charitable contribution, donation, or gift of money or any other thing of value; investment for financial profit; participation in a business opportunity; commitment to a loan; or participation in a fraudulent medical study, research study, or pilot study, by use of 1 or more interstate telephone calls, emails, text messages, or electronic instant messages initiated either by a person who is conducting the plan, program, promotion, or campaign or by a prospective purchaser or contest or sweepstakes participant or charitable contributor, donor, or investor; and does not include the solicitation through the posting, publication, or mailing of a catalog or brochure that— contains a written description or illustration of the goods, services, or other opportunities being offered; includes the business address of the solicitor; includes multiple pages of written material or illustration; and has been issued not less frequently than once a year, if the person making the solicitation does not solicit customers by telephone, email, text message, or electronic instant message, but only receives interstate telephone calls, emails, text messages, or electronic instant messages initiated by customers in response to the written materials, whether in hard copy or digital format, and in response to those interstate telephone calls, emails, text messages, or electronic instant messages does not conduct further solicitation. ; and in section 2326, in the matter preceding paragraph (1)— by striking or 1344 and inserting 1344, or 1347 or section 1128B of the Social Security Act ( ; and 42 U.S.C. 1320a–7b ) by inserting or email marketing after telemarketing .

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: 113A. Telemarketing and email marketing fraud 2325 .

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42 USC 1320a–7b

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Sec. 101

Enhanced penalty for telemarketing and email-marketing fraud directed at elders

Cite42 USC 1320a–7b

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