HCS HB 1632 -- THEFT OF TELEPHONE RECORDS (Cooper, 120)

COMMITTEE OF ORIGIN:  Utilities

This substitute creates the crime of knowingly receiving,
selling, or obtaining land-line or cellular telephone records
without a customer's consent.  Exemptions include the Department
of Corrections, state agencies with authority to regulate
telecommunications, law enforcement officers performing their
official duties, lawful use of the records in order to provide
service, use of records pursuant to the Victims of Child Abuse
Act of 1990, and the emergency use of records to prevent death or
serious injury.

Customers and telecommunications companies can recover actual
damages, illicit profits, and punitive damages from persons who
violate these provisions.  There is a two-year statute of
limitation on the civil actions.

The substitute does not create any new cause of action against
telecommunications companies, but does require them to establish
reasonable procedures to guard against the theft of telephone
records.

FISCAL NOTE:  No impact on state funds in FY 2007, FY 2008, and
FY 2009.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:44 am