HCS HB 1582 & 1963 -- TELECOMMUNICATIONS PRACTICES

SPONSOR:  Emery (Pearce)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Utilities by a vote of 8 to 0.

This substitute changes the laws regarding the telemarketing
No-call List and creates the crime of caller identification
spoofing.

TELEMARKETING NO-CALL LIST

The substitute expands the No-call List to include cell phone
numbers, prohibits sending unsolicited faxes and text messages to
anyone who is on the No-call List, and prohibits using an
automatic dialing announcing device (ADAD) when calling a
residential subscriber who is on the No-call List unless:

(1)  The subscriber has knowingly or voluntarily authorized
receipt of the message; or

(2)  The message is immediately preceded by a live operator who
obtains the subscriber's consent before the message is delivered.
The operator must disclose the name of the business for which the
message is being made, the purpose of the message, whether or not
the message will solicit money, and the kinds of goods or
services the message is promoting.

ADAD equipment cannot be used unless it disconnects no more than
10 seconds after the subscriber ends the phone call.

These provisions do not apply to telephone calls:

(1)  From school districts to students, parents, or employees;

(2)  To subscribers with whom the caller has a current business
or personal relationship;

(3)  To employees advising them of work schedules;

(4)  From agencies or entities making phone calls for emergency
purposes;

(5)  From an individual conducting an opinion poll for bona fide
informational purposes; or

(6)  From telecommunications companies calling about the receipt
of free products and services.

Currently, the Attorney General is required to establish an
advisory group to compile and promote a list of educational
literature to help consumers understand their options with regard
to telephone solicitations.  The Attorney General is also
required to include information on his or her web site informing
residential subscribers of their right to be included on the
No-call List and how to place their names and phone numbers on
this list.  The substitute repeals these provisions.

CALLER IDENTIFICATION SPOOFING

The substitute creates the crime of caller identification
spoofing.  A person will be guilty of a class D felony if he or
she places by any method a phone call having knowingly inserted
false information into his or her caller identification system
with the intent to defraud the recipient of the telephone call.

The blocking of caller identification information by individuals
is permitted.  Federal, state, or local law enforcement agencies
and the intelligence and security agencies of the federal
government are exempt from the provisions of the substitute.

FISCAL NOTE:  No impact on state funds in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters of House Bill 1582 say it will prevent
automatic dialing announcing device phone calls and allow cell
phones, faxes, and texting services to be included on the state's
No-call List.  Live operator calls will still be allowed.

Supporters of House Bill 1963 say that it will prevent fraud
which occurs when a victim of call spoofing reveals financial
information because they rely upon a caller ID system that has
been tricked into showing the wrong source for the telephone
call.  The Attorney General's Office receives hundreds of
electronic fraud complaints each year.

Testifying for HB 1582 were Representative Pearce; Office of the
Attorney General; and AARP-Missouri.

Testifying for HB 1963 were Representative LeVota; Office of the
Attorney General; and Missouri Bankers Association.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:10 pm