A2812

An Act concerning telephone caller identification service 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, and includes automatic number identification services.

"Telecommunications service" means the offering of voice communications, including Voice over Internet Protocol service as defined pursuant to section 3 of P.L.2007, c.195 (C.48:17-34), directly to the public for a fee, or to such classes of users as to be effectively available directly to the public, regardless of the facilities used.

3. Consistent with the provisions of the federal “Truth in Caller ID Act of 2009” (47 U.S.C. s.227(e)), or any other federal law, rule, regulation, or order, it shall be an unlawful practice and a violation of P.L.1960, c.39 (C.56:8-1 et seq.) 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.

4. a. No activity authorized pursuant to a court order or by a law enforcement agency shall be deemed to be an unlawful practice pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. Nothing in P.L. , c. (C. ) (pending before the Legislature as this bill) shall be construed to:

(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 any law enforcement agency or intelligence agency of the United States, a state, or a political subdivision of a state; or

(3) 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.

5. This act shall take effect on the first day of the fourth month next following the date of enactment, but the Director of the Division of Consumer Affairs in the Department of Law and Public Safety may take 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,” makes it an unlawful practice under the State’s consumer fraud act, P.L.1960, c.39 (C.56:8-1 et seq.) and, consistent with federal law, for any person, in connection with any telecommunications service used within this State, to knowingly cause any telephone caller identification (caller ID) service to knowingly transmit misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value.

Under the bill, an activity authorized pursuant to a court order or by a law enforcement agency would not be deemed an unlawful practice. Additionally, 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 any law enforcement agency or intelligence agency of the United States, a state, or a political subdivision of a state; or 3) 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.

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. Additionally, 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.