S. 30 

One Hundred Eleventh Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the fifth day of January, two thousand and ten 

An Act 

To amend the Communications Act of 1934 to prohibit manipulation of caller identification information. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Truth in Caller ID Act of 2009’’. 

SEC. 2. PROHIBITION REGARDING MANIPULATION OF CALLER IDENTIFICATION INFORMATION. 

Section 227 of the Communications Act of 1934 (47 U.S.C. 

227) is amended— 

(1) by redesignating subsections (e), (f), and (g) as subsections (f), (g), and (h), respectively; and 

(2) by inserting after subsection (d) the following new subsection: 

‘‘(e) PROHIBITION ON PROVISION OF INACCURATE CALLER IDENTIFICATION 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

INFORMATION.—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 required 
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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. 

‘‘(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) 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 

determined 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 
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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; 

‘‘(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) EFFECT ON OTHER LAWS.—This subsection does not 

prohibit any lawfully authorized investigative, protective, or 

intelligence activity of a law enforcement agency of the United 

States, a State, or a political subdivision of a State, or of 

an intelligence agency of the United States. 

‘‘(8) 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 
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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. 

‘‘(9) LIMITATION.—Notwithstanding any other provision of 

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

or to the regulations under this subsection.’’. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.