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History
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides that a person may not alter his or her caller identification with the intent to defraud or harass a third party or the recipient of the call
In Senate Committee · Consumer Protection · Sponsor Amy Paulin
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
Title of bill
An act to amend the general business law and the civil practice law and rules, in relation to prohibiting business entities from transmitting false caller identification information with the intent to defraud or harass any person
Purpose or general idea of the bill
This legislation would ban "spoofing" within the state. Spoofing is the transmission of false caller identification information with the intent to defraud or harass any person.
Summary of specific provisions
Section one amends the general business law by adding a new section 399-PPP. Subdivision 1 of section 399-ppp provides that it shall be unlawful for any person within the state, in connection with any telecommunications service or VoIP service, to cause any caller identification service to transmit false caller identification information when making a call to any person within the state with the intent to defraud or harass. Subdivision 2 of section 399-ppp provides definitions of "business identity," "caller identification information," "caller identification service," and "VoIP service." subdivision 3 of section 399-ppp provides that whenever there is a violation of this section, the attorney general may make an application to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant, to immediately enjoin and restrain the continuance of such violations. No proof is required that any person has, in fact, been injured or damaged by such violation. The court may also make allowances to the attorney general as provided in paragraph six of subdivision (a) of section 8303 of the civil practice law and rules. In addition to any such allowances, the court may direct restitution to any victim upon a showing of damages by a preponderance of the evidence. A court may also impose a civil penalty of up to $2,000 per call, with an aggregate amount of up to $100,000, for all calls placed in violation of this section within any continuous seventy-two hour period. subdivision 4 of section 399-ppp provides that in addition to the right of action granted to the attorney general under this section, any person whose caller identification information was used in connection with a violation of this section or who has received a telephone call in violation of this section may bring an action in his or her own name to enjoin such unlawful act. In addition, any such person may bring an action to recover the greater of: (a) his or her actual damages; or (b) an amount of up to $500 per call, up to an aggregate amount of no more than $25,000, for all calls placed in violation of this section within any continuous seventy-two hour period; or both such actions. The court may award reasonable attorney's fees to a prevailing plaintiff.
Read the full memo (861 words)
Section two amends paragraph 6 of subdivision (a) of section 8303 of the civil practice law and rules, as amended by chapter 530 of the laws of 2002, by adding an action brought by the attorney general under section 399-ppp to the list of proceedings subject to allowances that may be paid to the attorney general. The sum of such allowance shall not exceed $2,000 against each defendant.
Section three provides the effective date.
Justification
Spoofing occurs when a person intentionally alters caller identification information to mask the true identity of the caller. The minimum effect is that the end user is deceived - the person making the call is not the person identified on the screen -and the person identified on the screen is "spoofed." This means that the person being spoofed has had caller identification information - his identity, in essence - intentionally misappropriated by the caller to achieve an end. In the case of a telemarketing firm doing the spoofing, the intent may be to get the end user to pick up the phone, because the call seems to be a personal call rather than a call from a telemarketer.
No matter what the facts are, the essence of the conduct is that a person's caller identification information is stolen and then used so that end users are deceived or harassed. The person who was spoofed may suffer the following damages: a significant invasion of .his or her privacy; damage to his or her reputation, depending on the content of the message attached to his caller identification information; the publishing of a previously unpublished phone number; being associated with a telephone effort that is viewed as one that harasses people; and becoming the recipient of angry phone calls at any hour of the day from people who have received calls that seemingly were placed by the person being spoofed, but were actually placed by someone else.
This legislation seeks to end this indefensible practice by making spoofing within New York State a violation of the general business law, and authorizing the attorney general and private parties to seek both injunctive and monetary relief.
Legislative history
2009: A.4360 (Bradley) referred to the committee on rules. 2009: S.2753 (Johnson, C.) passed senate.
Fiscal implications
None to the State.
Effective date
This act will take effect on the sixtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.