§ 6101. — Findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6101]
TITLE 15--COMMERCE AND TRADE
CHAPTER 87--TELEMARKETING AND CONSUMER FRAUD AND ABUSE PREVENTION
Sec. 6101. Findings
The Congress makes the following findings:
(1) Telemarketing differs from other sales activities in that it
can be carried out by sellers across State lines without direct
contact with the consumer. Telemarketers also can be very mobile,
easily moving from State to State.
(2) Interstate telemarketing fraud has become a problem of such
magnitude that the resources of the Federal Trade Commission are not
sufficient to ensure adequate consumer protection from such fraud.
(3) Consumers and others are estimated to lose $40 billion a
year in telemarketing fraud.
(4) Consumers are victimized by other forms of telemarketing
deception and abuse.
(5) Consequently, Congress should enact legislation that will
offer consumers necessary protection from telemarketing deception
and abuse.
(Pub. L. 103-297, Sec. 2, Aug. 16, 1994, 108 Stat. 1545.)
Short Title of 2001 Amendment
Pub. L. 107-56, title X, Sec. 1011(a), Oct. 26, 2001, 115 Stat. 396,
provided that: ``This section [amending sections 6102 and 6106 of this
title and sections 917 and 2325 of Title 18, Crimes and Criminal
Procedure] may be cited as the `Crimes Against Charitable Americans Act
of 2001'.''
Short Title of 2000 Amendment
Pub. L. 106-534, Sec. 1, Nov. 22, 2000, 114 Stat. 2555, provided
that: ``This Act [enacting provisions set out as notes under this
section and section 3732 of Title 42, The Public Health and Welfare] may
be cited as the `Protecting Seniors From Fraud Act'.''
Short Title
Section 1 of Pub. L. 103-297 provided that: ``This Act [enacting
this chapter and section 9b of Title 7, Agriculture, and amending
section 52 of this title] may be cited as the `Telemarketing and
Consumer Fraud and Abuse Prevention Act'.''
Congressional Findings
Pub. L. 106-534, Sec. 2, Nov. 22, 2000, 114 Stat. 2555, provided
that: ``Congress makes the following findings:
``(1) Older Americans are among the most rapidly growing
segments of our society.
``(2) Our Nation's elderly are too frequently the victims of
violent crime, property crime, and consumer and telemarketing fraud.
``(3) The elderly are often targeted and retargeted in a range
of fraudulent schemes.
``(4) The TRIAD program, originally sponsored by the National
Sheriffs' Association, International Association of Chiefs of
Police, and the American Association of Retired Persons unites
sheriffs, police chiefs, senior volunteers, elder care providers,
families, and seniors to reduce the criminal victimization of the
elderly.
``(5) Congress should continue to support TRIAD and similar
community partnerships that improve the safety and quality of life
for millions of senior citizens.
``(6) There are few other community-based efforts that forge
partnerships to coordinate criminal justice and social service
resources to improve the safety and security of the elderly.
``(7) According to the National Consumers League, telemarketing
fraud costs consumers nearly $40,000,000,000 each year.
``(8) Senior citizens are often the target of telemarketing
fraud.
``(9) Fraudulent telemarketers compile the names of consumers
who are potentially vulnerable to telemarketing fraud into the so-
called `mooch lists'.
``(10) It is estimated that 56 percent of the names on such
`mooch lists' are individuals age 50 or older.
``(11) The Federal Bureau of Investigation and the Federal Trade
Commission have provided resources to assist private-sector
organizations to operate outreach programs to warn senior citizens
whose names appear on confiscated `mooch lists'.
``(12) The Administration on Aging was formed, in part, to
provide senior citizens with the resources, information, and
assistance their special circumstances require.
``(13) The Administration on Aging has a system in place to
inform senior citizens of the dangers of telemarketing fraud.
``(14) Senior citizens need to be warned of the dangers of
telemarketing fraud before they become victims of such fraud.''
Senior Fraud Prevention Program
Pub. L. 106-534, Sec. 3, Nov. 22, 2000, 114 Stat. 2556, provided
that:
``(a) Authorization of Appropriations.--There is authorized to be
appropriated to the Attorney General $1,000,000 for each of the fiscal
years 2001 through 2005 for programs for the National Association of
TRIAD.
``(b) Comptroller General.--The Comptroller General of the United
States shall submit to Congress a report on the effectiveness of the
TRIAD program 180 days prior to the expiration of the authorization
under this Act [see Short Title of 2000 Amendment note above], including
an analysis of TRIAD programs and activities; identification of
impediments to the establishment of TRIADs across the Nation; and
recommendations to improve the effectiveness of the TRIAD program.''
Dissemination of Information
Pub. L. 106-534, Sec. 4, Nov. 22, 2000, 114 Stat. 2556, provided
that:
``(a) In General.--The Secretary of Health and Human Services,
acting through the Assistant Secretary of Health and Human Services for
Aging, shall provide to the Attorney General of each State and publicly
disseminate in each State, including dissemination to area agencies on
aging, information designed to educate senior citizens and raise
awareness about the dangers of fraud, including telemarketing and
sweepstakes fraud.
``(b) Information.--In carrying out subsection (a), the Secretary
shall--
``(1) inform senior citizens of the prevalence of telemarketing
and sweepstakes fraud targeted against them;
``(2) inform senior citizens how telemarketing and sweepstakes
fraud work;
``(3) inform senior citizens how to identify telemarketing and
sweepstakes fraud;
``(4) inform senior citizens how to protect themselves against
telemarketing and sweepstakes fraud, including an explanation of the
dangers of providing bank account, credit card, or other financial
or personal information over the telephone to unsolicited callers;
``(5) inform senior citizens how to report suspected attempts at
or acts of fraud;
``(6) inform senior citizens of their consumer protection rights
under Federal law; and
``(7) provide such other information as the Secretary considers
necessary to protect senior citizens against fraudulent
telemarketing and sweepstakes promotions.
``(c) Means of Dissemination.--The Secretary shall determine the
means to disseminate information under this section. In making such
determination, the Secretary shall consider--
``(1) public service announcements;
``(2) a printed manual or pamphlet;
``(3) an Internet website;
``(4) direct mailings; and
``(5) telephone outreach to individuals whose names appear on
so-called `mooch lists' confiscated from fraudulent marketers.
``(d) Priority.--In disseminating information under this section,
the Secretary shall give priority to areas with high incidents of fraud
against senior citizens.''
