HF 1 (LSB 1158YH (3) 88)

HOUSE FILE 1

BY  FISHER

A BILL FOR

An Act prohibiting the provision or use of false or misleading caller identification information to certain persons, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 714.16, subsection 2, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  q.  (1)  It is an unlawful practice for a person to knowingly use or provide, to an Iowa telephone subscriber who is physically located in this state, false or misleading caller identification information.
   (2)  This paragraph shall not apply to any of the following:
   (a)  Conduct authorized by a law enforcement agency of the United States, a state, or a political subdivision of a state.
   (b)  Conduct authorized pursuant to a court order.
   (c)  Conduct authorized under federal law.
   (3)  For purposes of this paragraph:
   (a)  “Caller identification information” means the same as defined in section 68A.506.
   (b)  “Iowa telephone subscriber” means a person who uses a telephone number with a three-digit telephone number prefix, or area code, assigned to the state of Iowa, in accordance with the North American numbering plan.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from knowingly using or providing false or misleading caller identification information to an Iowa telephone subscriber who is physically located in Iowa. The bill defines “caller identification information” to mean information regarding the origination of the telephone call, such as the name or telephone number of the caller. The bill defines “Iowa telephone subscriber” to mean a person who uses a telephone number with an area code assigned to Iowa, in accordance with the North American numbering plan. The bill does not apply to conduct authorized by a law enforcement agency, pursuant to a court order, or under federal law. 
   A violation of the bill constitutes an unlawful practice under Code section 714.16, which relates to consumer frauds. Pursuant to Code section 714.16, the attorney general may investigate, issue subpoenas, and commence civil proceedings seeking restraining orders or injunctions prohibiting persons from engaging in unlawful practices or seeking termination of the business affairs of a person engaging in unlawful practices. In addition, a civil penalty of up to $40,000 per violation may be imposed by a court against a person found to have committed an unlawful practice.