Senate Study Bill 1196 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON CHAPMAN) A BILL FOR An Act prohibiting the provision or use of false or misleading 1 caller identification information to certain persons, and 2 making penalties applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1158XC (1) 88 gh/rn
S.F. _____ Section 1. Section 714.16, subsection 2, Code 2019, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . q. (1) It is an unlawful practice for 3 a person to knowingly use or provide, to an Iowa telephone 4 subscriber who is physically located in this state, false or 5 misleading caller identification information. 6 (2) This paragraph shall not apply to any of the following: 7 (a) Conduct authorized by a law enforcement agency of the 8 United States, a state, or a political subdivision of a state. 9 (b) Conduct authorized pursuant to a court order. 10 (c) Conduct authorized under federal law. 11 (3) For purposes of this paragraph: 12 (a) “Caller identification information” means the same as 13 defined in section 68A.506. 14 (b) “Iowa telephone subscriber” means a person who uses a 15 telephone number with a three-digit telephone number prefix, or 16 area code, assigned to the state of Iowa, in accordance with 17 the North American numbering plan. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill prohibits a person from knowingly using or 22 providing false or misleading caller identification information 23 to an Iowa telephone subscriber who is physically located in 24 Iowa. The bill defines “caller identification information” to 25 mean information regarding the origination of the telephone 26 call, such as the name or telephone number of the caller. The 27 bill defines “Iowa telephone subscriber” to mean a person who 28 uses a telephone number with an area code assigned to Iowa, 29 in accordance with the North American numbering plan. The 30 bill does not apply to conduct authorized by a law enforcement 31 agency, pursuant to a court order, or under federal law. 32 A violation of the bill constitutes an unlawful practice 33 under Code section 714.16, which relates to consumer frauds. 34 Pursuant to Code section 714.16, the attorney general may 35 -1- LSB 1158XC (1) 88 gh/rn 1/ 2
S.F. _____ investigate, issue subpoenas, and commence civil proceedings 1 seeking restraining orders or injunctions prohibiting persons 2 from engaging in unlawful practices or seeking termination 3 of the business affairs of a person engaging in unlawful 4 practices. In addition, a civil penalty of up to $40,000 per 5 violation may be imposed by a court against a person found to 6 have committed an unlawful practice. 7 -2- LSB 1158XC (1) 88 gh/rn 2/ 2