HR-8799-119
Referred to the House Committee on Transportation and Infrastructure.
Sponsored by Marie Perez (D-WA)
What it does
This bill would require any private company that sends communications about U.S. Department of Transportation (USDOT) number registration, renewal, or compliance to include a clearly visible disclaimer stating it is not a federal agency. It would also prohibit private companies from using government-like names, seals, or logos, or implying that payment to them is required to obtain or keep a USDOT number. Truckers and motor carriers who receive a violating communication could sue in federal court for between $500 and $5,000 per violation, plus actual damages and attorney's fees, without needing to prove they were actually deceived.
Who benefits
Small trucking businesses and independent owner-operators who are the primary targets of misleading USDOT solicitations. New entrants to the trucking industry who may be unfamiliar with the free federal registration process. Larger motor carriers who may also receive such communications. Plaintiff's attorneys who could bring private actions under the new right of action. Legitimate compliance consulting firms that clearly identify themselves as private companies and would face less competition from deceptive actors.
Who is hurt
Private companies that currently send USDOT-related solicitations and would need to redesign their communications and business practices to comply. Companies that rely on government-adjacent branding to attract customers would face the greatest disruption. Small compliance service vendors that may lack resources to quickly update materials. Potentially, any private entity that sends any written or electronic communication referencing USDOT numbers — even in a legitimate advisory context — if they fail to include the required disclosure.
Supporters argue
Supporters argue that deceptive USDOT solicitations impose real financial harm on small trucking businesses and owner-operators — groups with thin margins who may pay unnecessary fees believing they are complying with a federal mandate. They contend that the free federal registration process is being exploited by private actors using government-like branding, and that a mandatory, prominently placed disclaimer is a narrowly tailored remedy that preserves the market for legitimate compliance services while stopping deceptive practices. The private right of action, they argue, ensures enforcement without relying solely on under-resourced federal agencies.
Opponents argue
Opponents argue that the bill's broad definition of "USDOT number communication" could sweep in legitimate business communications — such as legal advisories, compliance newsletters, or software notifications — subjecting them to statutory damages of up to $5,000 per communication even without proof of actual harm or intent to deceive. They contend that existing federal and state consumer protection laws, including FTC Act Section 5 and state deceptive trade practice statutes, already address this conduct, making a new federal cause of action duplicative and potentially a vehicle for opportunistic litigation against compliant businesses.
Constitutional context
Congress has broad authority to regulate commercial communications under the Commerce Clause (Art. I, §8, cl. 3), as private USDOT solicitations are sent in interstate commerce. No major constitutional tension is apparent; this is a targeted disclosure and anti-impersonation requirement, not a sweeping agency delegation that would trigger the major questions doctrine under West Virginia v. EPA (2022).
Checks and balances
Congress gains authority to regulate private commercial communications in this sector; enforcement is distributed between private plaintiffs in federal district courts and existing FMCSA and DOT agency authority, which the bill explicitly preserves.
Historical precedent
The Mortgage Acts and Practices Advertising Rule (2011) similarly required mortgage servicers to include disclosures clarifying they were not government agencies, addressing a parallel pattern of deceptive government-adjacent solicitations targeting homeowners.