JAWBONE Act

119th Congress Introduced by Ted Cruz and 1 co-sponsor

The bill creates a federal private right of action under the Communications Act to address coercive jawboning in communications markets, with damages and remedies.

Introduced in Senate

Summary of S. 4749 (119th Congress)

Purpose and intent

S. 4749 seeks to amend the Communications Act of 1934 to establish a federal cause of action addressing “jawboning” by communications market participants. Jawboning generally refers to government or influential actors pressing private actors to influence prices, availability, or conditions in communications markets. The bill aims to provide a federal legal remedy for individuals or entities harmed by such jawboning practices.

Key provisions and changes

Create federal cause of action: The bill would authorize a private right of action under the Communications Act for claims arising from jawboning related to communications services and markets.

Scope of conduct: The statute would define and prohibit coercive or improper conduct by government actors or others in positions of influence that unduly pressure private parties to manipulate prices, terms, or access to communications services or infrastructure.

Remedies: The bill would specify available remedies (e.g., damages) for plaintiffs harmed by jawboning, and may outline limitations or defenses typical in federal civil actions (e.g., sovereign or official immunity defenses, standing requirements, and procedural standards). The exact scope of remedies and defenses would be specified in the text of the bill.

Relationship to existing law: The reform would integrate with the existing Communications Act framework, creating a separate federal tort-like remedy for jawboning practices while maintaining other provisions of the Act governing communications services and markets.

Procedural aspects: The bill would establish how and where such claims could be brought (federal court jurisdiction), and may include limitations periods, caps on damages, or other procedural rules typical for federal statutory claims.

Who would be affected

Private individuals and entities harmed by jawboning in the communications sector (e.g., consumers, service providers, investors) could pursue a federal civil action under the Communications Act.

Government actors or other influential parties engaging in jawboning could be subject to liability under the new cause of action, depending on the bill’s definitions and scope.

Regulated entities within the communications ecosystem (carriers, platforms, suppliers, and related businesses) could face new liability exposure if engaging in practices covered by the statute.

Procedural and timeline aspects

Introduction and referral: The bill was introduced in the Senate and referred on June 11, 2026, to the Committee on Commerce, Science, and Transportation.

Sponsorship: Primary and co-sponsors include Senators Ron Wyden (co-sponsor) and Ted Cruz (co-sponsor).

Next steps (typical legislative process): Committee consideration, potential markups, and, if approved, floor consideration in the Senate. Parallel actions in the House would determine timing for broader passage. The bill’s progress would depend on committee reports, amendments, and vote outcomes.

Notes

As of the provided information, the text of the bill (definitions, damages provisions, defenses, and specific procedural rules) is not included. The summary reflects the typical structure of a bill creating a federal private right of action under the Communications Act and highlights the core intent to address jawboning in communications markets.

Readers seeking a detailed understanding should review the full bill text for precise definitions, remedy caps, statute of limitations, anti-deficiency provisions, and any interplay with existing antitrust or administrative-law frameworks.