WHAT THIS BILL REGULATES · 1 REQUIREMENT TYPE
How Is This Bill Enforced
Verbatim statutory text on the left; plain-language analysis and a per-section checklist on the right. Numbered markers cross-link to the matching checklist row.
This Act may be cited as the ''Restrictions on Utilizing Realistic Electronic Artificial Language Act'' or the ''R U REAL Act''.
Establishes the short title of the Act as the Restrictions on Utilizing Realistic Electronic Artificial Language Act or the R U REAL Act. This section creates no compliance obligations.
(a) 1 Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall revise the TelemarketingtelemarketingThe term "telemarketing" has the meaning given such term in section 7 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6106), as amended by this Act.Section 2(b) Sales Rule (part 310 of title 16, Code of Federal Regulations) so as to add a requirement that, if a person makes a call or sends a text messagetext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5)) with respect to telemarketingtelemarketingThe term "telemarketing" has the meaning given such term in section 7 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6106), as amended by this Act.Section 2(b) and uses artificial intelligence in such call or text messagetext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5)) to emulate a human being, such person shall disclose at the beginning of such call or text messagetext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5)) the fact that artificial intelligence is being used.
(b) In this section, the terms ''telemarketingtelemarketingThe term "telemarketing" has the meaning given such term in section 7 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6106), as amended by this Act.Section 2(b)'' and ''text messagetext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5))'' have the meanings given such terms in section 7 of the TelemarketingtelemarketingThe term "telemarketing" has the meaning given such term in section 7 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6106), as amended by this Act.Section 2(b) and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6106), as amended by this Act.
This section directs the FTC to amend the Telemarketing Sales Rule (16 CFR Part 310) within 180 days of enactment to require that any person who makes a telemarketing call or sends a telemarketing text message using AI to emulate a human being must disclose at the beginning of the communication that AI is being used. The disclosure obligation is triggered by the use of AI to emulate a human being — not by the mere use of AI in any capacity. The operative mandate runs to the FTC (to promulgate the rule) and, once promulgated, to any person engaged in telemarketing who uses AI in this manner.
(e)(1) 2 Notwithstanding subsection (b), in the case of a violation described in paragraph (2), the maximum amount of the civil penalty that may be imposed for such violation under subsection (l) or (m) (as the case may be) of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) shall be twice the maximum amount that may be imposed for such violation under such subsection without regard to this subsection.
(e)(2)(A)-(B) 2 The violations described in this paragraph are the following: (A) A violation of a rule prescribed by the Commission under section 3 with respect to which the party making the call or sending the text messagetext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5)) uses artificial intelligence to impersonate an individual or entity with the intent to defraud, cause harm, or wrongfully obtain anything of value. (B) A violation of a cease-and-desist order issued by the Commission under section 5(b) of the Federal Trade Commission Act (15 U.S.C. 45(b)) with respect to a violation described in subparagraph (A).
(b) The amendment made by subsection (a) shall apply with respect to violations occurring after the date of the enactment of this Act.
This section amends Section 6 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. § 6105) to double the maximum civil penalty under FTC Act § 5(l) or (m) for two categories of violations: (1) violations of FTC telemarketing rules where the caller uses AI to impersonate an individual or entity with the intent to defraud, cause harm, or wrongfully obtain anything of value, and (2) violations of an FTC cease-and-desist order related to such conduct. The penalty enhancement applies only to violations occurring after the date of enactment.
(1) in paragraph (4), by inserting ''or text messagetext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5))'' after ''telephone call'';
(2) by adding at the end the following new paragraph: ''(5) TEXT MESSAGEtext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5)).— (A) IN GENERAL.—The term 'text messagetext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5))' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. (B) LIMITATION.—The term 'text messagetext messageThe term 'text message' means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as 'SMS') message; (ii) a multimedia message service (commonly referred to as 'MMS') message; and (iii) a rich communication service (commonly referred to as 'RCS') message. The term 'text message' does not include a real-time, two-way voice or video communication.Section 4 (amending 15 U.S.C. § 6106(5))' does not include a real-time, two-way voice or video communication.''.
This section amends Section 7 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. § 6106) to expand the definition of telemarketing to include text messages alongside telephone calls, and to add a new statutory definition of text message covering SMS, MMS, and RCS messages as well as application-to-person messaging. Real-time two-way voice or video communication is excluded from the text message definition. These definitions support the operative obligations in Sections 2 and 3.