Bill Text: IA SF2243 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting the use of false or misleading caller identification information to certain persons, and making penalties applicable. (Formerly SF 2126.)

Spectrum: Committee Bill

Status: (Engrossed - Dead) 2018-03-13 - Subcommittee Meeting: 03/14/2018 3:00PM House Lounge. [SF2243 Detail]

Download: Iowa-2017-SF2243-Introduced.html

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Senate File 2243 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON COMMERCE

                                 (SUCCESSOR TO SF 2126)

                                      A BILL FOR

  1 An Act prohibiting the use of false or misleading caller
  2    identification information to certain persons, and making
  3    penalties applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5477SV (1) 87
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PAG LIN



  1  1    Section 1.  Section 714.16, subsection 2, Code 2018, is
  1  2 amended by adding the following new paragraph:
  1  3    NEW PARAGRAPH.  p.  (1)  It is an unlawful practice for a
  1  4 person to knowingly use or provide false or misleading caller
  1  5 identification information to an Iowa telephone subscriber who
  1  6 is physically located in this state.
  1  7    (2)  This paragraph shall not apply to any of the following:
  1  8    (a)  Conduct authorized by a law enforcement agency of the
  1  9 United States, a state, or a political subdivision of a state.
  1 10    (b)  Conduct authorized pursuant to a court order.
  1 11    (c)  Conduct authorized under federal law.
  1 12    (3)  For purposes of this paragraph:
  1 13    (a)  "Caller identification information" means the same as
  1 14 defined in section 68A.506.
  1 15    (b)  "Iowa telephone subscriber" means a person who uses a
  1 16 telephone number with a three=digit telephone number prefix, or
  1 17 area code, assigned to the state of Iowa, in accordance with
  1 18 the North American numbering plan.
  1 19                           EXPLANATION
  1 20 The inclusion of this explanation does not constitute agreement with
  1 21 the explanation's substance by the members of the general assembly.
  1 22    This bill prohibits a person from knowingly using or
  1 23 providing false or misleading caller identification information
  1 24 to an Iowa telephone subscriber who is physically located in
  1 25 Iowa. The bill defines "caller identification information" to
  1 26 mean information regarding the origination of the telephone
  1 27 call, such as the name or telephone number of the caller. The
  1 28 bill defines "Iowa telephone subscriber" to mean a person who
  1 29 uses a telephone number with an area code assigned to Iowa,
  1 30 in accordance with the North American numbering plan. The
  1 31 bill does not apply to conduct authorized by a law enforcement
  1 32 agency, pursuant to a court order, or under federal law.
  1 33    A violation of the bill constitutes an unlawful practice
  1 34 under Code section 714.16, which relates to consumer frauds.
  1 35 Pursuant to Code section 714.16, the attorney general may
  2  1 investigate, issue subpoenas, and commence civil proceedings
  2  2 seeking restraining orders or injunctions prohibiting persons
  2  3 from engaging in unlawful practices or seeking termination
  2  4 of the business affairs of a person engaging in unlawful
  2  5 practices. In addition, a civil penalty of up to $40,000 per
  2  6 violation may be imposed by a court against a person found to
  2  7 have committed an unlawful practice.
       LSB 5477SV (1) 87
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