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States
Banning Caller Identification Blocking
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State
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Relevant
Statutory Language & Citation
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Notes
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Federal
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"Any person
or entity that engages in telemarketing … must transmit caller
identification information." 47 C.F.R. § 64.1601(e).
"Caller identification
information must included either CPN or ANI, and, when available
by the telemarketer's carrier, the name of the telemarketer.
It shall not be a violation … to substitute … the name of the
seller on behalf of which the telemarketing call is placed
and the seller's customer service telephone number. The telephone
number so provided must permit any individual to make a do-not-call
request during regular business hours." 47 C.F.R. § 1601(e)(1).
"Any person
or entity that engages in telemarketing is prohibited from
blocking the transmission of caller identification information." 47
C.F.R. § 64.1601(e)(2).
Effective January
29, 2004.
"It is an
abusive telemarketing act or practice and a violation of this
Rule for any seller or telemarketer to engage in the following
conduct … (7) Failing to transmit or cause to be transmitted
the telephone number, and, when made available by the telemarketer's
carrier, the name of the telemarketer, to any caller identification
service in use by a recipient of a telemarketing call, provided
that it shall not be a violation to substitute … the name of
the seller or charitable organization on behalf of which a
telemarketing call is placed, and the seller's or charitable
organization's customer or donor service telephone number,
which is answered during regular business hours." 16 C.F.R.
310.4(a)(7).
Effective January
29, 2004.
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These provisions not applicable to non-profit organizations. Applicability
toT-1 systems uncertain.
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State
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Alabama
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"No person
or entity who makes a telephone solicitation to the telephone
line of a residential subscriber in this state may knowingly
utilize a method to block or otherwise circumvent the use of
a caller identification service by the subscriber." § 8-19C-5(b)
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Arizona
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"It is an
unlawful practice pursuant to § 44-1522 for any seller or solicitor
who conducts a telephone solicitation in this state to use
telephone equipment that blocks the caller identification function
on the telephone or telephone equipment of the telephone number
dialed so that the telephone number of the caller is not displayed
on the telephone or telephone equipment that is capable of
displaying the telephone number of the caller." § 44-1278(B)(1)
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Arkansas
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"It is a violation
of this subchapter for any person to make or transmit a telephone
solicitation while using any method, including but not limited
to per-call blocking or per-line blocking, that prevents caller
identification information for the telephone solicitor's lines
used to make telephone calls to a consumer from being shown
by a device capable of displaying caller identification information." § 4-99-302
"No telephonic
seller shall display or cause to be displayed a fictitious
or misleading name or telephone number on an Arkansas resident's
telephone caller identification service." § 4-88-107(a)(11).
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California
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“[A] caller shall not be allowed to withhold the display of
the caller’s business telephone number when that number is being used for telemarketing purposes.” Pub. Util. Code
§ 2893(a). § 6-1-904(3)
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Colorado
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"No person
or entity that makes a telephone solicitation to the telephone
line of a residential subscriber in this state shall knowingly
utilize any method to block or otherwise circumvent such subscriber's
use of a caller identification service when that person or
entity's service or equipment is capable of allowing the display
of the number." § 6-1-904(3)
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Connecticut
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"No telephone
solicitor shall intentionally cause to be installed or shall
intentionally use any blocking device or service to circumvent
a consumer's use of a caller identification service or device." § 42-288a(d)
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Florida
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"It shall
be unlawful for any commercial telephone seller or salesperson
making telephonic solicitations to take any intentional action
to prevent transmission of the telephone solicitor's name or
telephone number to the party called when the equipment or
service used by the telephone solicitor is capable of creating
and transmitting the telephone solicitor's name or telephone
number." § 501.616
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Georgia
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"No person
or entity who makes a telephone solicitation to the telephone
line of a residential subscriber in this state shall knowingly
utilize any method to block or otherwise circumvent such subscriber's
use of caller identification service." § 46-5-27(g)(2)
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Idaho
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"It is an
unlawful act for a telephone solicitor to utilize any device
or method to block or mislead the intended recipient of the
call as to the identity of the solicitor, or the trade name
of the person being represented by the solicitor on a caller
identification telecommunication device." § 48-1003(1)(f)
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Illinois
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"A person
may not solicit the sale of goods or services by telephone
in a manner that impedes the function of any caller id when
the telephone solicitor's service or equipment is capable of
allowing the display of the solicitor's telephone number." § 815
ILCS 413/15
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Indiana
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"If a person
makes a solicitation to a prospect that is outside the course
of dealing, whether personally, through salespersons, or through
the use of an automated dialing and answering device, the person
may not knowingly or intentionally block the display of the
person's: (1) telephone number; or (2) identity; by a caller
ID service when attempting to initiate a telephone conversation
for the purpose of making a solicitation to a prospect." § 24-5-12-25
(a)(1) & (2)
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Kansas
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"A telephone
solicitor shall not withhold the display of the telephone solicitor's
telephone number from caller identification service when that
number is being used for telemarketing purposes and when the
telephone solicitor's service or equipment is capable of allowing
the display of such number." § 50-670(c)
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Kentucky
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"It is a
prohibited telephone solicitation act or practice and a violation
of § 367.46951 to § 367.46999 for any telemarketing company
to engage in utilizing any method to block or otherwise circumvent
the use of a caller identification service when placing an
unsolicited telephone solicitation call." § 367.46955(9)
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Louisiana
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“The commission
shall promulgate rules and regulations to ensure that no telephone
solicitor may use any device which blocks a caller identification
unit or otherwise conceals or misrepresents the identity of
the telephone solicitor or the phone number where the solicitor
can be reached during normal business hours.” § 45:844.2(B).
“Telephonic
solicitors are prohibited from knowingly using telephone equipment
or telecommunications network elements to block or otherwise
interfere with caller ID functions on the telephone of a residential
telephone subscriber to whom a telephone solicitation is made
so that the telephone number of the caller is not displayed
on the telephone equipment of the called party.” La. Pub.
Serv. Comm’n Gen’l Order, Docket No. R-27021 § 5(A)(16).
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Maine
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"It is an
unfair trade practice for a seller or telemarketer to fail
to transmit or cause to be transmitted the telephone number
and, when made available by the telemarketer's carrier, the
name of the telemarketer to any caller identification service
in use by a recipient of a telemarketing call." Effective
January 29, 2004. 10 M.R.S. 1499-A.
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Massachusetts
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"No telephone
solicitor shall intentionally cause to be installed or shall
intentionally use any blocking device or service to circumvent
a consumer's use of a caller identification service or device." Mass.
Gen. Law. Ch. 159C § 4.
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Michigan
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"A caller
shall not use a telephone line to contact a subscriber at the
subscriber's residence, business, or toll-free telephone line
to deliver or attempt to deliver intrastate commercial advertising
if the caller activates a feature to block the display of caller
identification information that would other wise be available
to the subscriber." § 484.125(2)(b)
"A telephone
solicitor shall not intentionally block or otherwise interfere
with the caller ID function on the telephone of a residential
telephone subscriber to whom a telephone solicitation is made
so that the telephone number of the caller is not displayed
on the telephone of the residential telephone subscriber." § 445.111b(3).
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Minnesota
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"No caller
who makes a telephone solicitation to a residential subscriber
in this state shall knowingly use any method to block or otherwise
deliberately circumvent the subscriber's use of a caller identification
service." § 325E.312(3).
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Mississippi
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"A person
or entity who makes a telephone solicitation to a consumer
in this state may not utilize knowingly any method that blocks
or otherwise circumvents the consumer's use of a caller identification
service." 77-3-726(2)).
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Missouri
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"No person
or entity who makes a telephone solicitation to the telephone
line of a residential subscriber in this state shall knowingly
use any method to block or otherwise circumvent such subscriber's
use of a caller identification service." § 407.1104(2)
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Montana
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"It is an
abusive telemarketing act or practice and a violation of this
part for any seller or telemarketer to . . .intentionally block
a person using caller identification or '*69' from accessing
the seller's or telemarketer's phone number." § 30-14-1412(1)(f)
"Any person
or entity who makes a telephone solicitation to the telephone
line of a residential subscriber in this state may not knowingly
use any method to block or otherwise circumvent the residential
subscriber's use of a caller identification service." 2003
Mont. H.B. 424 § 4(2).
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Nevada
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"A person
engages in a deceptive trade practice if during a solicitation
by telephone or sales presentation, he blocks or otherwise
intentionally circumvents any service used to identify the
caller when placing an unsolicited telephone call." § 598.0918(4)
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New
Hampshire
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"No person
using an automated telephone dialing system or any other method
for solicitation in this state shall use any method, including
per-call blocking or per-line blocking, that prevents caller
identification information for the telephone solicitor's lines
used to make telephone calls to a residential telephone subscriber
from being shown by a device capable of displaying caller identification
information. The caller identification information displayed
shall contain a telephone number at which the telephone solicitor
may receive telephone calls if the telephone solicitor leaves
a message on a telephone answering device or uses an automatic
telephone dialing system that plays a recorded message when
a connection is completed to a telephone number." § 359-E:5-a
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New
Jersey
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"A telemarketer
shall not intentionally use any method that blocks a caller
identification service from displaying caller identification
service from displaying caller identification information or
otherwise circumvents a customer's use of a telephone caller
identification service." 2003 N.J. A.B. 727(10)(D).
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New
Mexico
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"It is unlawful
for a person to use a method to block or otherwise circumvent
a residential subscriber's use of a caller identification service
pursuant to the consumer no-call act." 2003 S.B. 573 (§ 57-12-22(C)(2)).
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New
York
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"No telephone
solicitor or person who places any consumer telephone call
or who operates an automatic dialing-announcing device and
no employer of any such telephone solicitor or person shall
intentionally cause to be installed, or shall intentionally
utilize, any blocking device or service to prevent the name
and/or telephone number of such solicitor or person, or the
name and/or telephone number of his or her employer, from being
displayed on a caller identification device of the recipient
of any such consumer telephone call." § 399-p;6-a
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North
Carolina
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"No telephone
solicitor who makes a telephone solicitation to the telephone
line of a residential telephone subscriber in this state shall
knowingly use any method to block or otherwise circumvent that
subscriber's use of a caller identification service." § 75-102(i).
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North
Dakota
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"A caller
who makes a telephone solicitation to a subscriber in this
state may not knowingly use any method to block or otherwise
deliberately circumvent the subscriber's use of a caller identification
service." 2003 ND S.B. 2255 (N.D. Code 51-06-08).
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Ohio
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"No telephone
solicitor shall intentionally block or intentionally authorize
or cause to be blocked the disclosure of the telephone number
from which a telephone solicitation is made." § 4719.21(B).
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Oklahoma
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"A commercial
telephone seller engages in an unlawful telemarketing practice
when, in the course of any commercial telephone solicitation,
the seller uses equipment or techniques the purpose of which
is to intentionally block or avoid detection of the commercial
telephone seller's identity or telephone number by caller identification
devices." 15 Ok. St. § 775A.4(A)(8)
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Pennsylvania
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"No telemarketer
shall take any action with the primary intent to prevent the
transmission of a telemarketer's name or telephone number to
any recipient of a telephone solicitation call when the equipment
or service used by the telemarketer is capable of creating
and transmitting the telemarketer's name or telephone number;
or to circumvent, bypass or disable any product or service
used by the residential telephone subscriber to screen telephone
calls." 73 P.S. § 2245.1
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Tennessee
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"No telephonic
sales calls shall be made by a telephone solicitor to a consumer
from a telephone if the telephone number of the caller is unlisted
or if the telephone solicitor is using telephone equipment
which blocks the caller ID function on the telephone or telephone
equipment of the number dialed so that the telephone number
of the caller is not displayed on the telephone or telephone
equipment which is technically capable of displaying the telephone
number of the caller." § 47-18-1526 (c)(1) and
"No person
or entity who makes a telephone solicitation to the telephone
of a residential subscriber in this state shall knowingly utilize
any method to block or otherwise circumvent such subscriber's
use of a caller identification service." § 65-4-403
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Texas
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"A telemarketer
may not, in making a telemarketing call, block the identity
of the telephone number from which the telephone call is made
to evade devices designed to identify telephone callers." § 44.051(A)
"A telemarketer
may not: (1) [i]nterfere with or circumvent the capability
of a caller identification service to access or provide to
the recipient of the telemarketing call any information regarding
the call that the service is capable of providing; and (2)
[f]ail to provide caller identification information in a manner
that is accessible by a caller identification service, if the
person has capability to provide the information in that manner." § 44.051(B)
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Utah
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"A telephone
solicitor may not withhold the display of the telephone solicitor's
phone number from a caller identification service when that
number is being used for telemarketing purposes and when the
telephone solicitor's service or equipment is capable of allowing
the display of the number." § 13-25a-103 (6)
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Virginia
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"No telephone
solicitor shall take any intentional action to prevent the
transmission of the telephone solicitor's name or telephone
number to any person receiving a telephone solicitation call
when the equipment or service used by the telephone solicitor
is capable of creating and transmitting the telephone solicitor's
name or telephone number." Va. Code Ann. § 59.1.513.
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Wisconsin
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"No person
may [u]se caller-ID blocking when making a telephone solicitation." Wis.
Admin. Code 127.83(2)(e)
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Wyoming
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"No telephone
solicitor or merchant who makes an unsolicited telephonic sales
call to the telephone line of a residential subscriber in this
state shall knowingly utilize any method to block or otherwise
circumvent the subscriber's use of a caller identification
service." § 40-12-302(c)
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