WASHINGTON (CN) – The Truth in Caller ID Act will be implemented Aug. 19. The act prohibits knowingly altering or manipulating caller identification information with the intent to defraud, cause harm or wrongfully obtain anything of value.
The regulations do not require “willful” or “repeated” violations to justify a penalty. Penalties are not to exceed $10,000 for each violation, or three times that amount for each day of a continuing violation, except that the amount assessed for any continuing violation is not to exceed a total of $1 million for any single act or failure to act, under the law and proposed rules. These penalties are in addition to penalties assigned by other regulations under the Communications Act, the agency has clarified in this final action on the matter.
To determine the amount of a penalty under the Truth in Caller ID Act, the agency will use the balancing factors the agency typically considers when determining the amount of a forfeiture penalty, so it is appropriate for the circumstances. The factors include “the nature, circumstances, extent, and gravity of the violation, and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require.”
The agency has clarified that blocking or attempting to block one’s own caller ID is not a violation of the new rules. The agency also points out that telemarketers are not relieved of their obligation to transmit caller identification information, just because caller ID is blocked.
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