The House of Representatives has passed the Truth in Caller ID Act of 2009 (S. 30), which passed the Senate by unanimous consent on February 23, 2010. The Act amends the Section 227 of the Communications Act of 1934, known as the Telephone Consumer Protection Act, to prohibit manipulation of caller identification information with the intent to defraud, cause harm or wrongfully obtain anything of value (a practice often called caller ID “spoofing”). The Act provides for civil and criminal penalties and permits enforcement by the states. The Federal Communications Commission must adopt implementing regulations within six months of enactment.

    It is not clear whether or how this legislation may affect the Federal Trade Commission’s Advance Notice of Public Rulemaking (ANPR) seeking comment on possible changes to the caller identification (caller ID) provisions of its Telemarketing Sales Rule (TSR). See Alert dated December 8, 2010.

    Do not hesitate to contact us if you would like more information about the Act, the ANPR or compliance with current federal or state caller ID laws.

    • Judy Scheiderer