This bill requires private companies that send communications about USDOT numbers to clearly say they are not a federal agency. The bill names the exact disclosure required: "This communication is from a private company. We are not the Federal Motor Carrier Safety Administration, the Department of Transportation, or any other Federal Government agency, and we are not affiliated with the United States Government." The disclosure must be in a legible font, appear on the first page of printed mail, appear without scrolling in electronic messages, and not be hidden or contradicted. Covered entities may not use names, seals, logos, or trade dress that imply affiliation with FMCSA or the Department of Transportation, and may not say payment is required to obtain or keep a USDOT number.
The bill creates a private right of action. A person who receives a prohibited communication can sue in federal district court. Courts may award actual damages, statutory damages between $500 and $5,000 per violation per communication, injunctive or declaratory relief, and attorneys' fees and costs. Plaintiffs do not have to prove they relied on the message, that the sender intended to deceive, or that they were actually confused. The statute of limitations is 5 years. The bill defines covered entities, USDOT number communications, and what counts as a legible font. It also says the bill does not limit FMCSA or DOT enforcement or state laws that offer equal or greater protection.
No publicly available information on projected federal costs or savings is provided in the bill text. The bill does specify possible private financial consequences: courts may award actual damages, statutory damages of $500–$5,000 per violation per communication, injunctive relief, and attorneys' fees and costs to successful plaintiffs.
The bill states that some private communications about USDOT numbers look like they come from a federal agency and that misleading notices impose unnecessary costs on motor carriers, especially small businesses and owner-operators. Supporters in the bill text say the disclosure requirements and private right of action will reduce misleading communications and related costs.
No publicly available information.