2016 Indiana Code TITLE 24. TRADE REGULATION ARTICLE 5. CONSUMER SALES CHAPTER 14.5. FALSE OR MISLEADING CALLER IDENTIFICATION
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IC 24-5-14.5
Chapter 14.5. False or Misleading Caller Identification
IC 24-5-14.5-1
Applicability
Sec. 1. This chapter applies to the transmission of information
through a caller identification service with respect to calls made after
June 30, 2013, to a subscriber.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-2
"Caller identification information"
Sec. 2. As used in this chapter, "caller identification information"
means information provided by a caller identification service
regarding the telephone number of, or other information regarding
the origination of, a call made using a telecommunications service or
interconnected VOIP service.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-3
"Caller identification service"
Sec. 3. (a) As used in this chapter, "caller identification service"
means any service or device designed to provide the user of the
service or device with the telephone number of, or other information
regarding the origination of, a call made using a telecommunications
service or interconnected VOIP service.
(b) The term includes automatic number identification (as defined
in 47 CFR 20.3) services.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-4
"Interconnected VOIP service"
Sec. 4. As used in this chapter, "interconnected VOIP service" has
the meaning set forth in 47 CFR 9.3.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-5
"Place of primary use"
Sec. 5. As used in this chapter, "place of primary use" means the
street address representative of where a subscriber's use of a
telecommunications service or interconnected VOIP service
primarily occurs, which must be:
(1) the residential street address or the primary business street
address of the subscriber or, in the case of a subscriber of
interconnected VOIP service, the subscriber's registered
location (as defined in 47 CFR 9.3);
(2) within the licensed service area of the provider; and
(3) in the case of:
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(A) mobile telecommunications service, determined in the
manner provided in IC 6-8.1-15; and
(B) nonmobile telecommunications communications service,
determined in the manner provided in IC 6-2.5-12.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-6
"Provider"
Sec. 6. As used in this chapter, "provider" means a person that
offers telecommunications service or interconnected VOIP service.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-7
"Subscriber"
Sec. 7. As used in this chapter, "subscriber" means a person:
(1) that subscribes to a caller identification service in
connection with:
(A) a telecommunications service; or
(B) an interconnected VOIP service;
to which the person subscribes; and
(2) whose place of primary use for the service described in
subdivision (1)(A) or (1)(B) is in Indiana.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-8
"Telecommunications service"
Sec. 8. As used in this chapter, "telecommunications service" has
the meaning set forth in 47 U.S.C. 153.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-9
Prohibited acts; transmitting misleading or inaccurate caller
identification information
Sec. 9. Except as provided in section 10 of this chapter, a person
shall not, in connection with any telecommunications service or
interconnected VOIP service, knowingly and with the intent to
defraud or cause harm to another person or to wrongfully obtain
anything of value, cause any caller identification service to transmit
misleading or inaccurate caller identification information to a
subscriber.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-10
Exceptions
Sec. 10. This chapter does not prohibit or restrict any of the
following:
(1) Subject to IC 24-5-12-25, blocking the capability of a caller
identification service to transmit caller identification
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information.
(2) Any authorized activity of a law enforcement agency.
(3) Any lawfully authorized investigative, protective, or
intelligence activity of:
(A) the United States or an intelligence agency of the United
States;
(B) the state or a political subdivision of the state; or
(C) any other state or a political subdivision of that state.
(4) A court order that specifically authorizes the use of caller
identification manipulation.
(5) The right of the attorney general to bring a civil action under
47 U.S.C. 227(e)(6) to enforce the federal Truth in Caller ID
Act of 2009 (47 U.S.C. 227).
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-11
Knowing violations; Class B misdemeanor; Class A misdemeanor
Sec. 11. A person who knowingly violates this chapter commits
a Class B misdemeanor. However, the offense is a Class A
misdemeanor if the person has a previous unrelated conviction under
this chapter.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-12
Violation a deceptive act; knowing or intentional violations; civil
penalty
Sec. 12. (a) Except as provided in subsection (b), a person who
violates this chapter commits a deceptive act that is:
(1) actionable by the attorney general under IC 24-5-0.5-4(c);
and
(2) subject to the remedies and penalties set forth in
IC 24-5-0.5.
An action by the attorney general for a violation of this chapter may
be brought in the circuit or superior court of Marion County.
(b) If the attorney general brings an action under this section and
proves by a preponderance of the evidence that a person has
knowingly or intentionally violated section 9 of this chapter, the
attorney general may recover from the person on behalf of the state
a civil penalty of not more than ten thousand dollars ($10,000) per
violation. A civil penalty recovered under this subsection shall be
deposited in the consumer protection division telephone solicitation
fund established by IC 24-4.7-3-6 to be used for the administration
and enforcement of this chapter.
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-13
Cause of action; damages; injunctive relief
Sec. 13. (a) Except as provided in section 14 of this chapter, any
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person who is aggrieved by a violation of this chapter may bring an
action for the recovery of the person's actual damages, including
court costs and attorney's fees, against any person:
(1) responsible for; or
(2) who knowingly participated in;
the violation. An action under this subsection may be brought in the
circuit or superior court of the aggrieved person's county of residence
or principal place of business in Indiana.
(b) Upon petition by any person that another person has violated
this chapter, the circuit or superior court of the petitioner's county of
residence or principal place of business in Indiana may enjoin the
respondent from further violations. The injunctive relief available
under this subsection is in addition to any damages to which a person
may be entitled under subsection (a).
As added by P.L.151-2013, SEC.8.
IC 24-5-14.5-14
Cause of action; gross negligence or intentional wrongdoing
Sec. 14. A person does not have a cause of action against a
provider for a violation of this chapter unless the violation resulted
from the provider's gross negligence or intentional wrongdoing.
As added by P.L.151-2013, SEC.8.
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