HB217 Alabama 2021 Session

Summary

Primary Sponsor

Craig Lipscomb Representative

Republican

Co-Sponsors

Mike BallRussell BedsoleChip BrownWill DismukesTracy EstesTommy HanesReed IngramGil IsbellWes KitchensRhett MarquesParker MooreEd OliverPhillip PettusRex ReynoldsProncey RobertsonHarry ShiverMatt SimpsonVan SmithScott StadthagenShane StringerAndy Whitt

Session

Regular Session 2021

Title

Telephone communications, knowing and intentionally misleading use of inaccurate caller identification information, prohibited

Description

Under existing Alabama law, no penalty exists for the intentional use of misleading caller identification information by telephone solicitors.

This bill would prohibit the knowing and intentionally misleading display of misleading or inaccurate caller identification information. The bill would not prohibit the use of caller identification blocking software by persons not making solicitations, nor the use of caller identification manipulating software by law enforcement, intelligence agencies, or charitable or political organizations complying with state law regarding charitable or political solicitations.

The bill would require telecommunications service providers to provide subscribers with caller identification information manipulation detection software, at no cost to subscribers.

Violations of this bill would also be made violations of the Deceptive Trade Practices Act in order to provide for enforcement by the Attorney General.

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose.

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.

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Subjects

Telecommunications