A690

An Act concerning 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. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):

“Caller identification information” means information provided by a caller identification service regarding the telephone number, location, organization, or other information regarding the origination of a call or text message made using a telecommunications service.

“Caller identification 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 or text message made using a telecommunications service, and includes automatic number identification services.

"Telecommunications service" means the offering of voice communications service or broadband service, 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.

2. 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 make, place, initiate, or otherwise transmit a call or text message or engage in conduct that results in the display of misleading, false, or inaccurate caller identification information on the receiving party's telephone or circumvent a caller identification service that is designed to allow the receiving party to identify caller identification information regarding the origin and nature of the call or text message with the intent to defraud, cause harm, or wrongfully obtain anything of value.

3. a. Activity authorized pursuant to a court order or by a law enforcement agency shall not be deemed to be an unlawful practice pursuant to section 2 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 identification service to transmit caller identification 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.

4. 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 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 make, place, initiate, or otherwise transmit a call or text message or engage in conduct that results in the display of misleading, false, or inaccurate caller identification (ID) information on the receiving party's telephone or circumvent a caller identification service that is designed to allow the receiving party to identify caller identification information regarding the origin and nature of the call or text message 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 under current law, such as allowing solicitors to use call blocking technology or telemarketers to call customers on the “Do-Not-Call” registry.

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.