Misleading caller identification information — Exemptions — Penalties

  1. Law
  2. Arkansas Code
  3. Criminal Offenses
  4. Offenses Against Public Health, Safety, or Welfare
  5. Business Misconduct
  6. Offenses Generally
  7. Misleading caller identification information — Exemptions — Penalties

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  1. (a) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value.

  2. (b) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information unless the person has verified that the caller has a right to use the name and the phone number displayed.

  3. (c) It is unlawful for a telecommunications service to permit or cause a caller identification service or device to display the name or telephone number of the recipient.

  4. (d) It is unlawful for a person to use a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service for any purpose.

  5. (e) This section does not prohibit:

    1. (1) An authorized activity of a law enforcement agency;

    2. (2) Any investigative, protective, or intelligence activity of a law enforcement agency, including a law enforcement agency of the United States, another state, or a political subdivision of another state, an intelligence agency of the United States, or a protective services shelter or facility, including without limitation a domestic violence shelter, from transmitting or causing to be transmitted, an inaccurate telecommunications number;

    3. (3) A telecommunications service from blocking or restricting the name or phone number from being displayed by caller identification equipment or devices;

    4. (4) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation; or

    5. (5) A telecommunications provider or other person from transmitting or causing to be transmitted an inaccurate telecommunications telephone number for a legitimate business purpose.

  6. (f) This section does not apply to a telecommunications provider that complies with § 23-17-122.

  7. (g) A violation of this section is a Class D felony.


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