U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

89–010 

" ! SENATE 

111TH CONGRESS

1st Session 

REPORT

2009

111–96 

Calendar No. 194 

TRUTH IN CALLER ID ACT OF 2009 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 30 

NOVEMBER 2, 2009.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED ELEVENTH CONGRESS

FIRST SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

DANIEL K. INOUYE, Hawaii 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

CLAIRE McCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

TOM UDALL, Colorado 

MARK WARNER, Virginia 

MARK BEGICH, Alaska 

KAY BAILEY HUTCHISON, Texas 

OLYMPIA J. SNOWE, Maine 

JOHN ENSIGN, Nevada 

JIM DeMINT, South Carolina 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

GEORGE LeMIEUX, Florida 

JOHNNY ISAKSON, Georgia 

DAVID VITTER, Louisiana 

SAM BROWNBACK, Kansas 

MIKE JOHANNS, Nebraska 

ELLEN DONESKI, Chief of Staff 

JAMES REID, Deputy Chief of Staff 

BRUCE ANDREWS, General Counsel 

ANN BEGEMAN, Acting Republican Staff Director 

BRIAN HENDRICKS, Republican Chief Counsel 

TODD BERTOSON, Republican Senior Counsel 


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Calendar No. 194 

111TH CONGRESS REPORT " ! SENATE 1st Session 111–96 

TRUTH IN CALLER ID ACT OF 2009 

NOVEMBER 2, 2009.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 30] 

The Committee on Commerce, Science, and Transportation, to which was referred the bill (S. 30) to amend the Communications 

Act of 1934 to prohibit manipulation of caller identification information, having considered the same, reports favorably thereon 

without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 30 is to prohibit persons from causing any call- er identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, 

cause harm, or wrongfully obtain anything of value. 

BACKGROUND AND NEEDS

Most companies that offer basic telephone service also offer a caller identification (ID) service that can provide their customers 

with the telephone number or name of the calling party. Some callers, however, are employing technology to alter the name or number that appears on the recipient’s caller ID display. This practice 

is known as ‘‘ID spoofing.’’ ID spoofing can make a call appear to come from any phone number the caller wishes. For instance, the AARP issued a ‘‘scam 

alert’’ when someone posing as a courthouse employee called a 

Sterling, Michigan, woman claiming that she had missed jury duty 

that week. The caller threatened that a warrant was being issued 

for her arrest and then asked her to confirm her Social Security 

number in order to verify her identity. This scam appeared even 

more real when the person responsible used caller ID spoofing to 


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display the name and number of the courthouse on the ID box. In 

another widely-reported case of ID spoofing, a SWAT team shut 

down a neighborhood in New Brunswick, New Jersey, after receiving what they believed was a legitimate distress call. A caller had 

used spoofing to trick law enforcement into thinking that an emergency call was coming from an apartment in the neighborhood. In 

yet another example, identity thieves bought a number of stolen 

credit card numbers. They called Western Union, set up caller ID 

information to make it look like the call originated from the credit 

card holder phone line, and used the credit card numbers to order 

cash transfers. 

Traditionally, caller ID works through the use of signaling system 7 (SS7), which is the standard for connecting phone companies’ 

networks worldwide. SS7 allows the originator’s local telephone exchange to send a calling party number (CPN), which includes the 

number of the caller and whether or not the caller wants their 

number to be blocked. 

Federal Communications Commission (FCC) regulations require 

that when a telecommunications carrier uses SS7 to set up a call, 

it must transmit the CPN and its associated privacy indicator for 

that call to the connecting carrier. Customers who order traditional 

caller ID services and have caller ID-capable phones or boxes will 

receive the CPN and name of the calling party when their phone 

rings. By FCC regulation, consumers also have the right to conceal 

their CPN, by dialing *67. 

In the past, it has been possible to ‘‘spoof’’ or manipulate caller 

ID information over traditional phone calls. However, such spoofing 

required special phone connections and expensive equipment. With 

advances in technology and the widespread availability of Voice 

over Internet Protocol, or Internet protocol-enabled (IP-enabled) 

voice services, however, it has become easier for callers to transmit 

any caller ID information the calling party chooses. IP-enabled 

voice services can give the calling party far more control over the 

content and transmission of caller ID than traditional analog phone 

service. Moreover, there are a number of online sites that offer 

spoofing services, eliminating the need for any specialized hardware. Many of these caller ID spoofing services promote themselves 

for use in ‘‘prank calls’’ or ‘‘for entertainment purposes only.’’ However, these services can be accessed easily by criminals, identity 

thieves, or others who wish to harm or deceive someone. 

Although there are many more examples of harmful uses of ID 

spoofing, it is important to recognize that there are some more benign uses of this technology. For instance, the National Network to 

End Domestic Violence has explained that many phones are set to 

refuse blocked or private calls. It therefore becomes important for 

domestic violence shelters to transmit caller ID information so a 

call is completed, but it may be necessary to alter the caller ID information to ensure the safety of domestic violence victims. In addition, some IP-enabled services providers suggest that there are innovative services that legitimately involve changes in caller ID information, such as providing consumers with the ability to provide 

a temporary callback number that is different from their assigned 

caller ID. As a result, efforts to curtail ID spoofing should focus on 

actions by persons with intent to deceive or cause harm. 


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SUMMARY OF PROVISIONS

S. 30, the Truth in Caller ID Act of 2009, would amend the Communications Act of 1934 to prohibit persons from causing any caller 

identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, 

cause harm, or wrongfully obtain anything of value. The bill would make harmful uses of caller ID spoofing unlawful, while providing exemptions for authorized law enforcement, court 

orders, and intelligence activities. In addition, the bill would allow 

for additional exemptions from the prohibition on ID spoofing that 

the FCC determines are appropriate. The FCC would be charged 

with developing regulations to implement the Truth in Caller ID 

Act within six months. The FCC would also be required to report 

to Congress on whether additional legislation is necessary to prohibit the provision of inaccurate caller ID information in technologies that are successors to telecommunications service or IP-enabled voice service. 

FCC regulations currently provide callers with the right to block the capability of any caller identification service to transmit caller 

identification information. The bill makes clear that it would not 

prevent or restrict persons from blocking services this way. The bill would authorize civil penalties of up to $10,000 for each 

violation, or three times that amount for each day of a continuing 

violation, up to a total of $1,000,000 for any single act or failure 

to act. A two-year statute of limitation applies to these civil penalties. In addition, the bill would authorize criminal fines of up to 

$10,000 for each violation, or three times that amount for each day 

of continuing violation, in lieu of civil penalties. States would be provided with the authority to bring actions under this section on behalf of the residents of a State in an appropriate federal district court. The FCC would be provided with the 

right to intervene in such cases. 

LEGISLATIVE HISTORY

In the 110th Congress, the Truth in Caller ID Act of 2007 (S. 704) was introduced by Senator Bill Nelson on February 28, 2007, 

and referred to the Senate Committee on Commerce, Science, and 

Transportation. On June 21, 2007, the Committee held a hearing 

on ID Spoofing. On June 27, 2007, the Committee considered the 

bill in an open Executive Session, which was adopted as part of a 

substitute and manager’s package by voice vote. In the 111th Congress, the Truth in Caller ID Act of 2009 (S. 30) 

was introduced by Senator Bill Nelson on January 7, 2009, and referred to the Committee. The bill is cosponsored by Senators 

Snowe, McCaskill, and Klobuchar. On August 5, 2009, the Committee considered the bill in an open Executive Session. The bill 

was adopted by voice vote. The Committee, without objection, ordered that S. 30 be reported. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 


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AUGUST 24, 2009. 

Hon. JOHN D. ROCKEFELLER IV, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 30, the Truth in Caller ID 

Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Susan Willie. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 30—Truth in Caller ID Act of 2009 

S. 30 would amend the Communications Act of 1934 to prohibit 

caller identification services (known as Caller ID) from transmitting misleading or inaccurate information with the intent to defraud or cause harm. Caller ID allows consumers to see the names 

and telephone numbers of incoming calls. Prohibitions under the 

bill would apply to both traditional telephone and voice over Internet protocol services. 

Based on information from the FCC, CBO expects that developing and enforcing regulations required under the bill will cost 

about $1 million annually, assuming appropriation of the necessary 

amounts. Furthermore, under current law the FCC is authorized to 

collect fees from the telecommunications industry sufficient to offset the cost of its regulatory program. Therefore, CBO estimates 

the net budgetary impact of S. 30 would be negligible. 

Enacting S. 30 could increase federal revenues and direct spending by increasing collections of civil, criminal, and forfeiture penalties for violations of the Caller ID prohibitions. All such penalties 

are recorded in the budget as revenues. Collections of criminal penalties are deposited in the Crime Victims Fund and spent in subsequent years. CBO estimates that any increase in revenues and direct spending that would result from enacting the bill would not be 

significant because of the relatively small number of cases likely to 

be involved. 

S. 30 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act. The bill would 

allow states to bring civil actions on behalf of their residents in district courts, but require them to notify the FCC of those actions. 

The FCC would be allowed to intervene in such actions. Any costs 

to states would be incurred voluntarily. 

The CBO staff contact for this estimate is Susan Willie. The estimate was approved by Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 


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NUMBER OF PERSONS COVERED

S. 30 is intended to prohibit the use of caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value. The persons subject to the regulations the FCC implements under this section are those manipulating caller identification information with intent to deceive or 

cause harm. 

ECONOMIC IMPACT

S. 30 would not have an adverse impact on the nation’s economy. 

PRIVACY

Except for the privacy impact on those persons who would know- ingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value, the reported bill would have no impact on 

the personal privacy of U.S. citizens. 

PAPERWORK

The reported bill should not significantly increase paperwork re- quirements for individuals and businesses. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing Rules of the Senate, the Committee provides the following identification of congressionally directed spending items contained in the 

bill, as reported: 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would provide that the legislation may be cited as the Truth in Caller ID Act of 2009. 

Section 2. Prohibition Regarding Manipulation of Caller Identifica- tion Information. 

Section 2 would add a new subsection (e) to section 227 of the 

Communications Act, and would redesignate existing subsections 

(e), (f), and (g) as (f), (g), and (h), respectively. New subsection (e)(1) would prohibit persons within the United 

States from causing any caller identification service to knowingly 

transmit misleading or inaccurate caller identification information 

with the intent to defraud, cause harm, or wrongfully obtain anything of value unless exempted under (e)(3)(B). New subsection (e)(2) would clarify that nothing in subsection (e) prevents or restricts any person from blocking caller identification 

service. 

New subsection (e)(3)(A) would direct the FCC to prescribe regulations to implement new subsection (e) not later than six months 

after enactment. New subsection (e)(3)(B)(i) would provide that 

these regulations shall include exemptions from the prohibition described in new subsection (e)(1) that the FCC determines are appropriate. In addition, new subsection (e)(3)(B)(ii) would provide 


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that these regulations shall include exemptions from the prohibition described in new subsection (e)(1) that are in connection with 

authorized activity of a law enforcement agency or a court order 

that specifically authorizes the use of caller identification manipulation. New subsection (e)(3)(B)(iii) also would clarify that nothing 

in new subsection (e) shall be construed to authorize or prohibit investigative, protective, or intelligence activities performed by a law 

enforcement agency of the United States, a State or a political subdivision of a State, or by an intelligence agency of the United 

States, in connection with official duties and under all applicable 

laws. 

New subsection (e)(4) would require the FCC to report to Congress, not later than six months after enactment, whether additional legislation is necessary to prohibit the provision of inaccurate caller identification information in technologies that are successors or replacements for telecommunications service or IP-enabled voice service. 

New subsection (e)(5) would establish penalties for violation of 

new subsection (e). New subsection (e)(5)(A)(i) would authorize civil 

penalties not to exceed $10,000 for each violation or three times 

that amount for each day of a continuing violation, with no amount 

for any continuing violation exceeding a total of $1,000,000 for any 

single act or failure to act. Subsection (e)(5)(A)(ii) would clarify that 

civil forfeiture penalties shall be recovered under section 504(a) of 

the Communications Act. New subsection (e)(5)(A)(iii) would clarify 

that forfeiture liability determined under new subsection (e)(5)(A)(i) 

would require notice pursuant to section 503(b)(3) and 503(b)(4) of 

the Communications Act. In addition, new subsection (e)(5)(A)(iv) 

would impose a two-year statute of limitations on civil forfeiture 

penalties. New subsection (e)(5)(B) would authorize criminal fines 

of not more than $10,000 for each willful and knowing violation, or 

three times that amount for each day of a continuing violation in 

lieu of the fine provided by section 501 of the Communications Act. 

New subsection (e)(6) would provide for enforcement by the 

states. New subsection (e)(6)(A) would authorize the chief legal officer of a State or any other State officer authorized by law to bring 

actions on behalf of the residents of a State to bring a civil action 

for violation of subsection (e). New subsection (e)(6)(B) would require the relevant state officer to serve written notice on the FCC 

prior to initiating any civil action taken under new subsection 

(e)(6)(A). New subsection (e)(6)(C) further would grant the FCC the 

right to intervene in the action and file petitions for appeal. New 

subsection (e)(6)(D) would clarify that nothing in new subsection (e) 

prevents state officers from exercising the powers conferred on 

them by the State. New subsection (e)(6)(E) would provide that actions brought under new subsection (e)(6)(A) may be brought in a 

district court of the United States and describes service of process. 

New subsection (e)(7) would provide for the purposes of new subsection (e) definitions for caller identification information, caller 

identification service, and IP-enabled voice service. 

New subsection (e)(8) would clarify that redesignated section 

227(f) of the Communications Act does not apply to new subsection 

(e) or any regulations promulgated pursuant to new subsection (e). 


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CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

COMMUNICATIONS ACT OF 1934 

SEC. 227. RESTRICTIONS ON USE OF TELEPHONE EQUIPMENT. 

[47 U.S.C. 227] 

(a) DEFINITIONS.—As used in this section— 

(1) The term ‘‘automatic telephone dialing system’’ means equipment which has the capacity— (A) to store or produce telephone numbers to be called, 

using a random or sequential number generator; and (B) to dial such numbers. 

(2) The term ‘‘established business relationship’’ , for pur- poses only of subsection (b)(1)(C)(i), shall have the meaning 

given the term in section 64.1200 of title 47, Code of Federal 

Regulations, as in effect on January 1, 2003, except that— (A) such term shall include a relationship between a person or entity and a business subscriber subject to the same 

terms applicable under such section to a relationship between a person or entity and a residential subscriber; and (B) an established business relationship shall be subject to any time limitation established pursuant to paragraph 

(2)(G). 

(3) The term ‘‘telephone facsimile machine’’ means equip- ment which has the capacity (A) to transcribe text or images, 

or both, from paper into an electronic signal and to transmit 

that signal over a regular telephone line, or (B) to transcribe 

text or images (or both) from an electronic signal received over 

a regular telephone line onto paper. (4) The term ‘‘telephone solicitation’’ means the initiation of 

a telephone call or message for the purpose of encouraging the 

purchase or rental of, or investment in, property, goods, or 

services, which is transmitted to any person, but such term 

does not include a call or message (A) to any person with that 

person’s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax exempt nonprofit organization. (5) The term ‘‘unsolicited advertisement’’ means any material 

advertising the commercial availability or quality of any property, goods, or services which is transmitted to any person 

without that person’s prior express invitation or permission, in 

writing or otherwise. (b) RESTRICTIONS ON USE OF AUTOMATED TELEPHONE EQUIPMENT.— 

(1) PROHIBITIONS.—It shall be unlawful for any person within the United States, or any person outside the United States 

if the recipient is within the United States— 

(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of 


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the called party) using any automatic telephone dialing 

system or an artificial or prerecorded voice— 

(i) to any emergency telephone line (including any 

‘‘911’’ line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency); 

(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly 

home, or similar establishment; or 

(iii) to any telephone number assigned to a paging 

service, cellular telephone service, specialized mobile 

radio service, or other radio common carrier service, or 

any service for which the called party is charged for 

the call; 

(B) to initiate any telephone call to any residential telephone line using an artificial or prerecorded voice to deliver a message without the prior express consent of the 

called party, unless the call is initiated for emergency purposes or is exempted by rule or order by the Commission 

under paragraph (2)(B); 

(C) to use any telephone facsimile machine, computer, or 

other device to send, to a telephone facsimile machine, an 

unsolicited advertisement, unless— 

(i) the unsolicited advertisement is from a sender 

with an established business relationship with the recipient; 

(ii) the sender obtained the number of the telephone 

facsimile machine through— 

(I) the voluntary communication of such number, within the context of such established business relationship, from the recipient of the unsolicited advertisement, or 

(II) a directory, advertisement, or site on the 

Internet to which the recipient voluntarily agreed 

to make available its facsimile number for public 

distribution, except that this clause shall not 

apply in the case of an unsolicited advertisement 

that is sent based on an established business relationship with the recipient that was in existence 

before the date of enactment of the Junk Fax Prevention Act of 2005 if the sender possessed the 

facsimile machine number of the recipient before 

such date of enactment; and 

(iii) the unsolicited advertisement contains a notice 

meeting the requirements under paragraph (2)(D), except that the exception under clauses (i) and (ii) shall 

not apply with respect to an unsolicited advertisement 

sent to a telephone facsimile machine by a sender to 

whom a request has been made not to send future unsolicited advertisements to such telephone facsimile 

machine that complies with the requirements under 

paragraph (2)(E); or 


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(D) to use an automatic telephone dialing system in such 

a way that two or more telephone lines of a multi-line 

business are engaged simultaneously. (2) REGULATIONS; EXEMPTIONS AND OTHER PROVISIONS.—The 

Commission shall prescribe regulations to implement the requirements of this subsection. In implementing the requirements of this subsection, the Commission— 

(A) shall consider prescribing regulations to allow businesses to avoid receiving calls made using an artificial or 

prerecorded voice to which they have not given their prior 

express consent; 

(B) may, by rule or order, exempt from the requirements of paragraph (1)(B) of this subsection, subject to such conditions as the Commission may prescribe— (i) calls that are not made for a commercial purpose; 

and 

(ii) such classes or categories of calls made for commercial purposes as the Commission determines— 

(I) will not adversely affect the privacy rights 

that this section is intended to protect; and 

(II) do not include the transmission of any unsolicited advertisement; 

(C) may, by rule or order, exempt from the requirements of paragraph (1)(A)(iii) of this subsection calls to a telephone number assigned to a cellular telephone service that 

are not charged to the called party, subject to such conditions as the Commission may prescribe as necessary in the 

interest of the privacy rights this section is intended to 

protect; 

(D) shall provide that a notice contained in an unsolicited advertisement complies with the requirements under 

this subparagraph only if— (i) the notice is clear and conspicuous and on the 

first page of the unsolicited advertisement; 

(ii) the notice states that the recipient may make a 

request to the sender of the unsolicited advertisement 

not to send any future unsolicited advertisements to a 

telephone facsimile machine or machines and that failure to comply, within the shortest reasonable time, as 

determined by the Commission, with such a request 

meeting the requirements under subparagraph (E) is 

unlawful; 

(iii) the notice sets forth the requirements for a request under subparagraph (E); 

(iv) the notice includes— 

(I) a domestic contact telephone and facsimile 

machine number for the recipient to transmit such 

a request to the sender; and 

(II) a cost-free mechanism for a recipient to 

transmit a request pursuant to such notice to the 

sender of the unsolicited advertisement; the Commission shall by rule require the sender to provide 

such a mechanism and may, in the discretion of 

the Commission and subject to such conditions as 

the Commission may prescribe, exempt certain 


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classes of small business senders, but only if the 

Commission determines that the costs to such 

class are unduly burdensome given the revenues 

generated by such small businesses; 

(v) the telephone and facsimile machine numbers 

and the cost-free mechanism set forth pursuant to 

clause (iv) permit an individual or business to make 

such a request at any time on any day of the week; 

and 

(vi) the notice complies with the requirements of 

subsection (d); 

(E) shall provide, by rule, that a request not to send future unsolicited advertisements to a telephone facsimile 

machine complies with the requirements under this subparagraph only if— 

(i) the request identifies the telephone number or 

numbers of the telephone facsimile machine or machines to which the request relates; 

(ii) the request is made to the telephone or facsimile 

number of the sender of such an unsolicited advertisement provided pursuant to subparagraph (D)(iv) or by 

any other method of communication as determined by 

the Commission; and 

(iii) the person making the request has not, subsequent to such request, provided express invitation or 

permission to the sender, in writing or otherwise, to 

send such advertisements to such person at such telephone facsimile machine; 

(F) may, in the discretion of the Commission and subject 

to such conditions as the Commission may prescribe, allow 

professional or trade associations that are tax-exempt nonprofit organizations to send unsolicited advertisements to 

their members in furtherance of the association’s tax-exempt purpose that do not contain the notice required by 

paragraph (1)(C)(iii), except that the Commission may take 

action under this subparagraph only— 

(i) by regulation issued after public notice and opportunity for public comment; and 

(ii) if the Commission determines that such notice 

required by paragraph (1)(C)(iii) is not necessary to 

protect the ability of the members of such associations 

to stop such associations from sending any future unsolicited advertisements; and 

(G) 

(i) may, consistent with clause (ii), limit the duration of the existence of an established business relationship, however, before establishing any such limits, 

the Commission shall— 

(I) determine whether the existence of the exception under paragraph (1)(C) relating to an established business relationship has resulted in a 

significant number of complaints to the Commission regarding the sending of unsolicited advertisements to telephone facsimile machines; 


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(II) determine whether a significant number of 

any such complaints involve unsolicited advertisements that were sent on the basis of an established business relationship that was longer in duration than the Commission believes is consistent 

with the reasonable expectations of consumers; 

(III) evaluate the costs to senders of demonstrating the existence of an established business 

relationship within a specified period of time and 

the benefits to recipients of establishing a limitation on such established business relationship; 

and 

(IV) determine whether with respect to small 

businesses, the costs would not be unduly burdensome; and 

(ii) may not commence a proceeding to determine 

whether to limit the duration of the existence of an established business relationship before the expiration of 

the 3-month period that begins on the date of the enactment of the Junk Fax Prevention Act of 2005. 

(3) PRIVATE RIGHT OF ACTION.—A person or entity may, if 

otherwise permitted by the laws or rules of court of a State, 

bring in an appropriate court of that State— (A) an action based on a violation of this subsection or 

the regulations prescribed under this subsection to enjoin 

such violation, 

(B) an action to recover for actual monetary loss from 

such a violation, or to receive $ 500 in damages for each 

such violation, whichever is greater, or (C) both such actions. 

If the court finds that the defendant willfully or knowingly violated 

this subsection or the regulations prescribed under this subsection, 

the court may, in its discretion, increase the amount of the award 

to an amount equal to not more than 3 times the amount available 

under subparagraph (B) of this paragraph. 

(c) PROTECTION OF SUBSCRIBER PRIVACY RIGHTS.— (1) RULEMAKING PROCEEDING REQUIRED.—Within 120 days 

after the date of enactment of this section, the Commission 

shall initiate a rulemaking proceeding concerning the need to 

protect residential telephone subscribers’ privacy rights to 

avoid receiving telephone solicitations to which they object. 

The proceeding shall— (A) compare and evaluate alternative methods and procedures (including the use of electronic databases, telephone network technologies, special directory markings, 

industry-based or company-specific ‘‘do not call’’ systems, 

and any other alternatives, individually or in combination) 

for their effectiveness in protecting such privacy rights, 

and in terms of their cost and other advantages and disadvantages; 

(B) evaluate the categories of public and private entities 

that would have the capacity to establish and administer 

such methods and procedures; 

(C) consider whether different methods and procedures 

may apply for local telephone solicitations, such as local 


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telephone solicitations of small businesses or holders of 

second class mail permits; 

(D) consider whether there is a need for additional Commission authority to further restrict telephone solicitations, including those calls exempted under subsection 

(a)(3) of this section, and, if such a finding is made and 

supported by the record, propose specific restrictions to the 

Congress; and (E) develop proposed regulations to implement the methods and procedures that the Commission determines are 

most effective and efficient to accomplish the purposes of 

this section. 

(2) REGULATIONS.—Not later than 9 months after the date of 

enactment of this section, the Commission shall conclude the 

rulemaking proceeding initiated under paragraph (1) and shall 

prescribe regulations to implement methods and procedures for 

protecting the privacy rights described in such paragraph in an 

efficient, effective, and economic manner and without the imposition of any additional charge to telephone subscribers. (3) USE OF DATABASE PERMITTED.—The regulations required by paragraph (2) may require the establishment and operation 

of a single national database to compile a list of telephone 

numbers of residential subscribers who object to receiving telephone solicitations, and to make that compiled list and parts 

thereof available for purchase. If the Commission determines 

to require such a database, such regulations shall— (A) specify a method by which the Commission will select an entity to administer such database; (B) require each common carrier providing telephone exchange service, in accordance with regulations prescribed 

by the Commission, to inform subscribers for telephone exchange service of the opportunity to provide notification, in 

accordance with regulations established under this paragraph, that such subscriber objects to receiving telephone 

solicitations; 

(C) specify the methods by which each telephone subscriber shall be informed, by the common carrier that provides local exchange service to that subscriber, of (i) the 

subscriber’s right to give or revoke a notification of an objection under subparagraph (A), and (ii) the methods by 

which such right may be exercised by the subscriber; 

(D) specify the methods by which such objections shall 

be collected and added to the database; 

(E) prohibit any residential subscriber from being 

charged for giving or revoking such notification or for 

being included in a database compiled under this section; 

(F) prohibit any person from making or transmitting a 

telephone solicitation to the telephone number of any subscriber included in such database; 

(G) specify (i) the methods by which any person desiring 

to make or transmit telephone solicitations will obtain access to the database, by area code or local exchange prefix, 

as required to avoid calling the telephone numbers of subscribers included in such database; and (ii) the costs to be 

recovered from such persons; 


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(H) specify the methods for recovering, from persons accessing such database, the costs involved in identifying, 

collecting, updating, disseminating, and selling, and other 

activities relating to, the operations of the database that 

are incurred by the entities carrying out those activities; (I) specify the frequency with which such database will 

be updated and specify the method by which such updating will take effect for purposes of compliance with the 

regulations prescribed under this subsection; (J) be designed to enable States to use the database 

mechanism selected by the Commission for purposes of administering or enforcing State law; (K) prohibit the use of such database for any purpose 

other than compliance with the requirements of this section and any such State law and specify methods for protection of the privacy rights of persons whose numbers are 

included in such database; and 

(L) require each common carrier providing services to 

any person for the purpose of making telephone solicitations to notify such person of the requirements of this section and the regulations thereunder. (4) CONSIDERATIONS REQUIRED FOR USE OF DATABASE METH- OD.—If the Commission determines to require the database 

mechanism described in paragraph (3), the Commission shall— (A) in developing procedures for gaining access to the 

database, consider the different needs of telemarketers 

conducting business on a national, regional, State, or local 

level; 

(B) develop a fee schedule or price structure for recouping the cost of such database that recognizes such differences and— 

(i) reflect the relative costs of providing a national, 

regional, State, or local list of phone numbers of subscribers who object to receiving telephone solicitations; 

(ii) reflect the relative costs of providing such lists 

on paper or electronic media; and 

(iii) not place an unreasonable financial burden on 

small businesses; and 

(C) consider (i) whether the needs of telemarketers operating on a local basis could be met through special markings of area white pages directories, and (ii) if such directories are needed as an adjunct to database lists prepared 

by area code and local exchange prefix. 

(5) PRIVATE RIGHT OF ACTION.—A person who has received 

more than one telephone call within any 12-month period by 

or on behalf of the same entity in violation of the regulations 

prescribed under this subsection may, if otherwise permitted 

by the laws or rules of court of a State bring in an appropriate 

court of that State— 

(A) an action based on a violation of the regulations prescribed under this subsection to enjoin such violation, (B) an action to recover for actual monetary loss from 

such a violation, or to receive up to $500 in damages for 

each such violation, whichever is greater, or (C) both such actions. 


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It shall be an affirmative defense in any action brought under 

this paragraph that the defendant has established and implemented, with due care, reasonable practices and procedures to 

effectively prevent telephone solicitations in violation of the 

regulations prescribed under this subsection. If the court finds 

that the defendant willfully or knowingly violated the regulations prescribed under this subsection, the court may, in its 

discretion, increase the amount of the award to an amount 

equal to not more than 3 times the amount available under 

subparagraph (B) of this paragraph. (6) RELATION TO SUBSECTION (B).—The provisions of this subsection shall not be construed to permit a communication prohibited by subsection (b). (d) TECHNICAL AND PROCEDURAL STANDARDS.— (1) PROHIBITION.—It shall be unlawful for any person within 

the United States— 

(A) to initiate any communication using a telephone facsimile machine, or to make any telephone call using any 

automatic telephone dialing system, that does not comply 

with the technical and procedural standards prescribed 

under this subsection, or to use any telephone facsimile 

machine or automatic telephone dialing system in a manner that does not comply with such standards; or (B) to use a computer or other electronic device to send 

any message via a telephone facsimile machine unless 

such person clearly marks, in a margin at the top or bottom of each transmitted page of the message or on the first 

page of the transmission, the date and time it is sent and 

an identification of the business, other entity, or individual 

sending the message and the telephone number of the 

sending machine or of such business, other entity, or individual. 

(2) TELEPHONE FACSIMILE MACHINES.—The Commission shall 

revise the regulations setting technical and procedural standards for telephone facsimile machines to require that any such 

machine which is manufactured after one year after the date 

of enactment of this section clearly marks, in a margin at the 

top or bottom of each transmitted page or on the first page of 

each transmission, the date and time sent, an identification of 

the business, other entity, or individual sending the message, 

and the telephone number of the sending machine or of such 

business, other entity, or individual. 

(3) ARTIFICIAL OR PRERECORDED VOICE SYSTEMS.—The Commission shall prescribe technical and procedural standards for 

systems that are used to transmit any artificial or prerecorded 

voice message via telephone. Such standards shall require 

that— 

(A) all artificial or prerecorded telephone messages (i) 

shall, at the beginning of the message, state clearly the 

identity of the business, individual, or other entity initiating the call, and (ii) shall, during or after the message, 

state clearly the telephone number or address of such business, other entity, or individual; and (B) any such system will automatically release the called 

party’s line within 5 seconds of the time notification is 


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transmitted to the system that the called party has hung 

up, to allow the called party’s line to be used to make or 

receive other calls. 

(e) PROHIBITION ON PROVISION OF INACCURATE CALLER IDENTI- FICATION INFORMATION.— (1) IN GENERAL.—It shall be unlawful for any person within 

the United States, in connection with any telecommunications 

service or IP-enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate 

caller identification information with the intent to defraud, 

cause harm, or wrongfully obtain anything of value, unless 

such transmission is exempted pursuant to paragraph (3)(B). (2) PROTECTION FOR BLOCKING CALLER IDENTIFICATION IN- FORMATION.—Nothing in this subsection may be construed to 

prevent or restrict any person from blocking the capability of 

any caller identification service to transmit caller identification 

information. 

(3) REGULATIONS.— (A) IN GENERAL.—Not later than 6 months after the date 

of enactment of the Truth in Caller ID Act of 2009, the 

Commission shall prescribe regulations to implement this 

subsection. 

(B) CONTENT OF REGULATIONS.— (i) IN GENERAL.—The regulations required under subparagraph (A) shall include such exemptions from 

the prohibition under paragraph (1) as the Commission 

determines is appropriate. 

(ii) SPECIFIC EXEMPTION FOR LAW ENFORCEMENT

AGENCIES OR COURT ORDERS.—The regulations re- quired under subparagraph (A) shall exempt from the 

prohibition under paragraph (1) transmissions in connection with— 

(I) any authorized activity of a law enforcement 

agency; or 

(II) a court order that specifically authorizes the 

use of caller identification manipulation. 

(iii) EFFECT ON OTHER LAWS.—Nothing in this subsection shall be construed to 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 an intelligence agency of the 

United States. 

(4) REPORT.—Not later than 6 months after the enactment of 

the Truth in Caller ID Act of 2009, the Commission shall report 

to Congress whether additional legislation is necessary to prohibit the provision of inaccurate caller identification information in technologies that are successor or replacement technologies to telecommunications service or IP-enabled voice service. 

(5) PENALTIES.— (A) CIVIL FORFEITURE.— 

(i) IN GENERAL.—Any person that is determined by 

the Commission, in accordance with paragraphs (3) 


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and (4) of section 503(b), to have violated this subsection shall be liable to the United States for a forfeiture penalty. A forfeiture penalty under this paragraph shall be in addition to any other penalty provided for by this Act. The amount of the forfeiture penalty determined under this paragraph shall not exceed 

$10,000 for each violation, or 3 times that amount for 

each day of a continuing violation, except that the 

amount assessed for any continuing violation shall not 

exceed a total of $1,000,000 for any single act or failure 

to act. 

(ii) RECOVERY.—Any forfeiture penalty determined under clause (i) shall be recoverable pursuant to section 504(a). 

(iii) PROCEDURE.—No forfeiture liability shall be de- termined under clause (i) against any person unless 

such person receives the notice required by section 

503(b)(3) or section 503(b)(4). 

(iv) 2-YEAR STATUTE OF LIMITATIONS.—No forfeiture 

penalty shall be determined or imposed against any 

person under clause (i) if the violation charged occurred more than 2 years prior to the date of issuance 

of the required notice or notice or apparent liability. (B) CRIMINAL FINE.—Any person who willfully and knowingly violates this subsection shall upon conviction thereof 

be fined not more than $10,000 for each violation, or 3 

times that amount for each day of a continuing violation, 

in lieu of the fine provided by section 501 for such a violation. This subparagraph does not supersede the provisions 

of section 501 relating to imprisonment or the imposition of 

a penalty of both fine and imprisonment. (6) ENFORCEMENT BY STATES.— 

(A) IN GENERAL.—The chief legal officer of a State, or any 

other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as 

parens patriae, on behalf of the residents of that State in 

an appropriate district court of the United States to enforce 

this subsection or to impose the civil penalties for violation 

of this subsection, whenever the chief legal officer or other 

State officer has reason to believe that the interests of the 

residents of the State have been or are being threatened or 

adversely affected by a violation of this subsection or a regulation under this subsection. 

(B) NOTICE.—The chief legal officer or other State officer 

shall serve written notice on the Commission of any civil 

action under subparagraph (A) prior to initiating such civil 

action. The notice shall include a copy of the complaint to 

be filed to initiate such civil action, except that if it is not 

feasible for the State to provide such prior notice, the State 

shall provide such notice immediately upon instituting such 

civil action. 

(C) AUTHORITY TO INTERVENE.—Upon receiving the notice required by subparagraph (B), the Commission shall have 

the right— (i) to intervene in the action; 


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(ii) upon so intervening, to be heard on all matters 

arising therein; and (iii) to file petitions for appeal. 

(D) CONSTRUCTION.—For purposes of bringing any civil action under subparagraph (A), nothing in this paragraph 

shall prevent the chief legal officer or other State officer 

from exercising the powers conferred on that officer by the 

laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of 

witnesses or the production of documentary and other evidence. 

(E) VENUE; SERVICE OR PROCESS.— (i) VENUE.—An action brought under subparagraph (A) shall be brought in a district court of the United 

States that meets applicable requirements relating to 

venue under section 1391 of title 28, United States 

Code. 

(ii) SERVICE OF PROCESS.—In an action brought under subparagraph (A)— (I) process may be served without regard to the 

territorial limits of the district or of the State in 

which the action is instituted; and 

(II) a person who participated in an alleged violation that is being litigated in the civil action may 

be joined in the civil action without regard to the 

residence of the person. 

(7) DEFINITIONS.—For purposes of this subsection: 

(A) CALLER IDENTIFICATION INFORMATION.—The term 

‘‘caller identification 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 

or IP-enabled voice service. 

(B) CALLER IDENTIFICATION SERVICE.—The term ‘‘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 made using a telecommunications service 

or IP-enabled voice service. Such term includes automatic 

number identification services. 

(C) IP-ENABLED VOICE SERVICE.—The term ‘‘IP-enabled 

voice service’’ has the meaning given that term by section 

9.3 of the Commission’s regulations (47 C.F.R. 9.3), as 

those regulations may be amended by the Commission from 

time to time. 

(8) LIMITATION.—Notwithstanding any other provision of this 

section, subsection (f) shall not apply to this subsection or to the 

regulations under this subsection. 

¿(e) (f) EFFECT ON STATE LAW.— (1) STATE LAW NOT PREEMPTED.—Except for the standards 

prescribed under subsection (d) and subject to paragraph (2) of 

this subsection, nothing in this section or in the regulations 

prescribed under this section shall preempt any State law that 

imposes more restrictive intrastate requirements or regulations 

on, or which prohibits— 


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(A) the use of telephone facsimile machines or other electronic devices to send unsolicited advertisements; 

(B) the use of automatic telephone dialing systems; 

(C) the use of artificial or prerecorded voice messages; or 

(D) the making of telephone solicitations. (2) STATE USE OF DATABASES.—If, pursuant to subsection 

(c)(3), the Commission requires the establishment of a single 

national database of telephone numbers of subscribers who object to receiving telephone solicitations, a State or local authority may not, in its regulation of telephone solicitations, require 

the use of any database, list, or listing system that does not 

include the part of such single national database that relates 

to such State. 

¿(f) (G) ACTIONS BY STATES.— (1) AUTHORITY OF STATES.—Whenever the attorney general of 

a State, or an official or agency designated by a State, has reason to believe that any person has engaged or is engaging in 

a pattern or practice of telephone calls or other transmissions 

to residents of that State in violation of this section or the regulations prescribed under this section, the State may bring a 

civil action on behalf of its residents to enjoin such calls, an action to recover for actual monetary loss or receive $500 in damages for each violation, or both such actions. If the court finds 

the defendant willfully or knowingly violated such regulations, 

the court may, in its discretion, increase the amount of the 

award to an amount equal to not more than 3 times the 

amount available under the preceding sentence. (2) EXCLUSIVE JURISDICTION OF FEDERAL COURTS.—The district courts of the United States, the United States courts of 

any territory, and the District Court of the United States for 

the District of Columbia shall have exclusive jurisdiction over 

all civil actions brought under this subsection. Upon proper application, such courts shall also have jurisdiction to issue writs 

of mandamus, or orders affording like relief, commanding the 

defendant to comply with the provisions of this section or regulations prescribed under this section, including the requirement that the defendant take such action as is necessary to remove the danger of such violation. Upon a proper showing, a 

permanent or temporary injunction or restraining order shall 

be granted without bond. 

(3) RIGHTS OF COMMISSION.—The State shall serve prior written notice of any such civil action upon the Commission and 

provide the Commission with a copy of its complaint, except in 

any case where such prior notice is not feasible, in which case 

the State shall serve such notice immediately upon instituting 

such action. The Commission shall have the right (A) to intervene in the action, (B) upon so intervening, to be heard on all 

matters arising therein, and (C) to file petitions for appeal. 

(4) VENUE; SERVICE OF PROCESS.—Any civil action brought 

under this subsection in a district court of the United States 

may be brought in the district wherein the defendant is found 

or is an inhabitant or transacts business or wherein the violation occurred or is occurring, and process in such cases may be 

served in any district in which the defendant is an inhabitant 

or where the defendant may be found. 


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(5) INVESTIGATORY POWERS.—For purposes of bringing any 

civil action under this subsection, nothing in this section shall 

prevent the attorney general of a State, or an official or agency 

designated by a State, from exercising the powers conferred on 

the attorney general or such official by the laws of such State 

to conduct investigations or to administer oaths or affirmations 

or to compel the attendance of witnesses or the production of 

documentary and other evidence. (6) EFFECT ON STATE COURT PROCEEDINGS.—Nothing contained in this subsection shall be construed to prohibit an authorized State official from proceeding in State court on the 

basis of an alleged violation of any general civil or criminal 

statute of such State. 

(7) LIMITATION.—Whenever the Commission has instituted a 

civil action for violation of regulations prescribed under this 

section, no State may, during the pendency of such action instituted by the Commission, subsequently institute a civil action 

against any defendant named in the Commission’s complaint 

for any violation as alleged in the Commission’s complaint. (8) DEFINITION.—As used in this subsection, the term ‘‘attorney general’’ means the chief legal officer of a State. 

¿(g) (h) JUNK FAX ENFORCEMENT REPORT.—The Commission 

shall submit an annual report to Congress regarding the enforcement during the past year of the provisions of this section relating 

to sending of unsolicited advertisements to telephone facsimile machines, which report shall include— 

(1) the number of complaints received by the Commission 

during such year alleging that a consumer received an unsolicited advertisement via telephone facsimile machine in violation 

of the Commission’s rules; 

(2) the number of citations issued by the Commission pursuant to section 503 during the year to enforce any law, regulation, or policy relating to sending of unsolicited advertisements 

to telephone facsimile machines; 

(3) the number of notices of apparent liability issued by the 

Commission pursuant to section 503 during the year to enforce 

any law, regulation, or policy relating to sending of unsolicited 

advertisements to telephone facsimile machines; 

(4) for each notice referred to in paragraph (3)— 

(A) the amount of the proposed forfeiture penalty involved; 

(B) the person to whom the notice was issued; 

(C) the length of time between the date on which the 

complaint was filed and the date on which the notice was 

issued; and 

(D) the status of the proceeding; 

(5) the number of final orders imposing forfeiture penalties 

issued pursuant to section 503 during the year to enforce any 

law, regulation, or policy relating to sending of unsolicited advertisements to telephone facsimile machines; 

(6) for each forfeiture order referred to in paragraph (5)— 

(A) the amount of the penalty imposed by the order; 

(B) the person to whom the order was issued; 

(C) whether the forfeiture penalty has been paid; and 

(D) the amount paid; 


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(7) for each case in which a person has failed to pay a forfeiture penalty imposed by such a final order, whether the 

Commission referred such matter for recovery of the penalty; 

and 

(8) for each case in which the Commission referred such an 

order for recovery— (A) the number of days from the date the Commission 

issued such order to the date of such referral; 

(B) whether an action has been commenced to recover 

the penalty, and if so, the number of days from the date 

the Commission referred such order for recovery to the 

date of such commencement; and 

(C) whether the recovery action resulted in collection of 

any amount, and if so, the amount collected. 

fi 


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