Bill Text: NJ A3002 | 2014-2015 | Regular Session | Introduced
Bill Title: Enacts "Truth in Caller Identification Act"; prohibits manipulation of certain telephone caller identification information.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Engrossed - Dead) 2014-12-15 - Received in the Senate, Referred to Senate Commerce Committee [A3002 Detail]
Download: New_Jersey-2014-A3002-Introduced.html
Sponsored by:
Assemblyman CARMELO G. GARCIA
District 33 (Hudson)
Assemblyman RALPH R. CAPUTO
District 28 (Essex)
SYNOPSIS
Enacts "Truth in Caller Identification Act"; prohibits manipulation of certain telephone caller identification information.
CURRENT VERSION OF TEXT
As introduced.
An Act prohibiting the manipulation of certain telephone caller identification information and supplementing P.L.1960, c.39 (C.56:8-1 et seq.)
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act shall be known and may be cited as the "Truth in Caller Identification Act."
2. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
"Caller identification information" or "caller ID information" means information provided by a caller identification service regarding the telephone number of, or other information regarding the origination of, a call made using a telecommunications service.
"Caller identification service" or "caller ID service" means any service or device designed to provide the user of the service or device with the telephone number of, or other information regarding the origination of, a call made using a telecommunications service. Such term includes automatic number identification services.
"Telecommunications service" means the offering of voice communications, including Voice over Internet Protocol service, for a fee directly to the public, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.
"Voice over Internet Protocol service" shall have the same meaning as provided in section 3 of P.L.2007, c.195 (C.48:17-34).
3. Notwithstanding any law, rule, regulation, or order to the contrary, and consistent with federal law, it shall be unlawful for any person, in connection with any telecommunications service used within this State, to knowingly cause any caller ID service to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, except for the following:
a. Any authorized activity of a law enforcement agency; or
b. A court order that specifically authorizes the use of caller ID manipulation.
4. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to:
a. Prevent or restrict any person from blocking the capability of any caller ID service to transmit caller ID information;
b. Authorize or prohibit any investigative, protective, or intelligence activities performed in connection with official duties and in accordance with all applicable laws, by a law enforcement agency of the United States, a state, or a political subdivision of a state, or by any intelligence agency of the United States; or
c. Authorize any conduct prohibited pursuant to section 13 of P.L.2005, c.283 (C.45:17A-30.1), section 10 of P.L.2003, c.76 (C.56:8-128), or any other law, rule, regulation, or order to the contrary.
5. A violation of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be an unlawful practice subject to the penalties applicable pursuant to section 1 of P.L.1966, c.39 (C.56:8-13) and section 2 of P.L.1999, c.129 (C.56:8-14.3).
6. This act shall take effect on the 60th day after the date of enactment, but the Division of Consumer Affairs in the Department of Law and Public Safety may take such anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
This bill, entitled the "Truth in Caller Identification Act," supplements the consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.), to make it an unlawful practice for any person, in connection with any telecommunications service used within this State, to knowingly cause any telephone caller identification (caller ID) service to transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value, except for the following: 1) any authorized activity of a law enforcement agency; or 2) a court order that specifically authorizes the use of caller ID manipulation.
The bill does not: 1) prevent or restrict any person from blocking the capability of any caller ID service to transmit caller ID information; 2) authorize or prohibit any investigative, protective, or intelligence activities performed in connection with official duties and in accordance with all applicable laws, by a law enforcement agency of the United States, a state, or a political subdivision of a state, or by any intelligence agency of the United States; or 3) authorize conduct prohibited pursuant to section 13 of P.L.2005, c.283 (C.45:17A-30.1), section 10 of P.L.2003, c.76 (C.56:8-128), or any other law, rule, regulation, or order to the contrary.
An unlawful practice under the consumer fraud act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, violations can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages, and the awarding of treble damages and costs to the injured party.
