Truth in Caller ID Act of 2009
and Cell Phone Pinging
What You Need to Know
Paul Kulas
Owner and Head Bell Ringer
Belles Camp Communica6ons
Eagle, Colo.
paul@bellescamp.com
970.328.0400
Changing How Skip Tracing Is Done
•
23 years providing services for skip tracing
– First “trap line”– Blind line – Calling cards
•
Founded SkipTracy in 2002
– New techniques for skip tracing:
• Unique caller ID for each phone call (aka, caller ID spoofing) • Programs
•
BellesLink – July 2013
– First service for skip tracing to combine: • Compliance
• Communica<ons • Case management
Truth in Caller ID Act of 2009 and Cell
Phone Pinging – What You Need to Know
Compliant and EffecNve
Skip Tracing Techniques
Truth in Caller ID Act of 2009
and Cell Phone Pinging
•
Truth in Caller ID Act of 2009
– Defini<ons
– Why the law applies to bail bonds – Common misunderstandings
– The risks of interpreta<on
•
Cell Phone Pinging
– What’s compliant – What’s not compliant
– Applicable laws that cover cell phone loca<on informa<on and privacy – The cost of noncompliance in your industry
Compliant and EffecNve
Skip Tracing Techniques
•
Compliant and EffecNve Skip Tracing Techniques
– What works
– What doesn’t work
•
Summary
A Special Resource for You
•
2014 PBUS Winter Conference
–
A Magic Skip Tracing BuQon Doesn’t Exist
Presented exclusively for the 2014 PBUS Winter Conference
–
Slide deck from this presenta<on
–
Links to related blog posts
Two Laws Can’t Be Fully Explained
in One Presenta<on
•
Both laws are technical.
•
I’ll cover the key points.
•
Call or email any<me, or see me aaerward.
– paul@bellescamp.com – 970.328.0400
•
See the BellesLink Learn Skip Tracing blog.
– Detailed content covering this and much more – www.belleslink.com
Truth in Caller ID Act of 2009
Truth in Caller ID Act of 2009
Signed into law on Dec. 22, 2010
“(1) IN GENERAL -‐ It shall be unlawful for any person within the United States, in connec<on with any telecommunica<ons service or IP-‐enabled voice
service, to cause any caller iden<fica<on service to knowingly transmit
misleading or inaccurate caller idenNficaNon informaNon with the intent to
defraud, cause harm or wrongfully obtain anything of value, unless such transmission is exempted pursuant to paragraph (3)(B).”
(3)(B) exempNon is available only to law enforcement agencies or anyone else that gets a court order specifically authorizing caller ID spoofing — for example, a baeered women’s shelter might seek such an order.
Caller Iden<fica<on Informa<on Defined
Sec<on 8 in the law defines
“caller idenNficaNon informaNon.”
“(A) CALLER IDENTIFICATION INFORMATION -‐ The term ‘caller
iden<fica<on informa<on’ means informa<on provided by a
caller idenNficaNon service
regarding the
telephone number of,
or other informa<on regarding the
originaNon of,
a call made
using a telecommunica<ons service or IP-‐enabled voice service.”
Caller Iden<fica<on Informa<on Defined
•
Caller idenNficaNon service
–
Whatever service (device or soaware) is used to place
the call
•
Telephone number of
–
What’s displayed on the caller ID
•
OriginaNon of
–
The party that owns the number displayed on the caller ID
and/or where the call originated (your phone, your phone
number, your hotel room, your office, etc.)
The Law in General
“It shall be unlawful for any person within the United States,
in connec<on with any telecommunica<ons service or
IP-‐enabled voice service, to cause any caller iden<fica<on
service to knowingly transmit
misleading
or inaccurate caller
iden<fica<on informa<on … ”
If you placed a call that showed as coming from the
subject’s mom’s house, is that “misleading”?
The Law in General
•
“With the intent to … ”
–
“Defraud, cause harm or wrongfully obtain anything
of value.”
•
“Defraud”
–
Means to cause financial loss to another to bring financial
gain to oneself. The defini<on also includes obtaining any
thing, right or interest.
The Law in General
•
“Cause harm”
–
This doesn’t have to be physical. You can frighten someone and
thereby cause emo<onal harm or mental duress. Any legal
defini<on of “harm” would violate the law.
•
“Or wrongfully obtain anything of value”
–
An address, loca<on, whereabouts or any other informa<on
via misleading or inaccurate caller iden<fica<on informa<on
= wrongfully.
–
Does it have “value”?
•
If the nonpublished address obtained was paid for = yes.
•
If the person “values” what he or she told you = yes.
Common Misunderstandings
1. You’re in California.
2. You call a skip using a BellesLink number; the caller ID displays
a New York 212 area code.
Is it spoofing?
•
No
– You lease the number from BellesLink = “telephone number of.” – You can be reached at the number = “originaNon of.”
Common Misunderstandings
1. You call a skip.
2. The caller ID displays the local pizza place, a girlfriend or
boyfriend, or a parent’s house number.
3. You obtain something (also means anything).
Breaking the law?
•
Yes
– Not “telephone number of” = not your number
– Not “originaNon of” = you can’t be reached at that number – Misleading and inaccurate
Common Misunderstandings
“What I do isn’t breaking the law. My intent isn’t to cause harm,
defraud or wrongfully obtain anything of value.”
Wrong. Read the law.
•
Belles Camp “invented” spoofing. If we thought it was legal,
we’d offer it.
Common Misunderstandings
“Why are there s6ll spoofing services?”
Because …
•
Not illegal to provide spoofing
•
Prank/entertainment calls not illegal
The Risk of Interpreta<on
The Truth in Caller ID Act of 2009 has room for interpretaNon.
There have been no cases decided that I’m aware of.
The Risk of Interpreta<on
Let’s say I’m wrong.
1. It’s not likely to get out at MSJ (Mo<on for Summary
Judgment).
2. Your E&O policy won’t cover the claim.
3. Even if you win, you lose:
– You’ll spend thousands of dollars defending yourself. – You won’t get your legal fees back.
– You won’t be able to file a Malicious Prosecu<on case. – It causes stress to your family, health and business.
The Risk of Interpreta<on
A violaNon will cost you a lot.
1. “$10,000 for each viola<on, or three <mes that amount for
each day of a con<nuing viola<on, except that the amount
assessed for any con<nuing viola<on shall not exceed a total
of $1,000,000″
Cell Phone Pinging
Cell Phone Pinging
• Compliant examples of cell phone pinging
– When wri<ng the bond – As part of skip tracing
• Noncompliant examples of cell phone pinging
– What not to do
• Different laws that apply to address locaNon informaNon and privacy
– Loca<on informa<on = the pinging of a cell phone – Privacy. Yes, a person’s cell phone is protected
Loca<ng a Cell Phone: What Is Compliance?
•
Must have consent
–
Explicit in the bond agreement
•
Cannot be buried in small print
•
Separate disclosure page is best
Loca<ng a Cell Phone: What Is Compliance?
NoNce must be given to the cell phone owner
before obtaining
loca<on informa<on.
•
Double opt-‐in is best.
– At the <me the bond is signed, this text is sent: “We would like to
obtain your cell phone loca<on. To agree, reply with YES 1234 or NO.” – If they reply “YES 1234,” a second text message is sent (double opt-‐
in): “Your cell phone loca<on has been obtained. To Cancel/Stop, reply with CANCEL/STOP. Terms and condi<ons.”
– If they reply “NO,” loca<on informa<on is not obtained.
– A URL with sponsor’s name, data reten<on policy, and privacy policy is required.
Loca<ng a Cell Phone: What Is Compliance?
If cell phone loca<on informa<on is ongoing (un<l court),
reminder texts must be sent each 30 days.
• “REMINDER. Your cell phone loca<on informa<on is being obtained. To Cancel/Stop, reply with CANCEL/STOP. Terms and condi<ons.”
Cell Phone Pinging: What Is Noncompliance?
LocaNng a cell phone without consent,
following all laws and
carrier requirements
• Single opt-‐in or double opt-‐in is required – no excep<ons. • Trickery is not consent.
• Repeatedly tex<ng a cell phone number un<l it replies to the text message: When the cell phone replies to the text message, the text messages stop and the cell phone owner’s loca<on informa<on is obtained.
• All carriers have strict rules that must be followed by any loca<on informa<on applica<on.
Cell Phone Pinging: What Is Noncompliance?
Obtaining or selling locaNon informaNon without consent
• Contac<ng someone, giving them a cell phone number and obtaining the loca<on of the cell phone number from them
• Purchasing and/or possessing cell phone loca<on informa<on from anyone other than the carrier or a provider approved by all carriers
Applicable Laws and Cell Phone Privacy
Four federal laws apply
1. CommunicaNons Act of 1934, amended by the TelecommunicaNons Act of 1996
– Imposes a duty on all carriers (covered en<ty) to keep customer informa<on confiden<al
2. Telephone Records and Privacy ProtecNon Act of 2006 (TRPPA)
– Amended to include the word “loca<on,” with the specific intent to protect cell phone loca<on informa<on
3. FCC Declaratory Ruling, June 27, 2013
– Specifically included “cell phone loca<on informa<on” as confiden<al informa<on, i.e., a confiden<al phone record
Applicable Laws and Cell Phone Privacy
Four federal laws apply
4. FTC: SecNon 5 of the Trade Commission Act
– Prohibits unfair or decep<ve acts or prac<ces in or affec<ng commerce
– FTC ini<ated suits in 2006 that sought penal<es and injunc<ons of the sale of telephone records
Every state has a law covering confiden<al informa<on, personal informa<on and customer proprietary network informa<on (CPNI). Cell phone loca<on informa<on falls under all defini<ons.
How Does Noncompliance
Affect the Bail Industry?
• Carriers have had complaints and hassles. Indicators are that carriers are phasing out cell phone loca<on informa<on for the bail industry.
• Verizon, the No. 2 largest carrier, has already quit approving cell phone loca<on apps for anything bail-‐related.
• Locaid, the largest loca<on informa<on plavorm, won’t submit anything bail-‐related.
• It seems doubvul that bail industry cell phone loca<on apps will survive. • How’d we get here? Noncompliance.
Effec<ve and Compliant Skip Tracing Techniques
•
www.belleslink.com
→
BellesLink Learn Skip Tracing blog
•
We have 23 years of experience, millions of phone calls,
thousands of cases.
– We do what our customers tell us.
•
Be hard on your techniques; look for holes.
Effec<ve and Compliant Skip Tracing Techniques
What works?
•
Compliance.
– Instead of spoofing, use a local number combined with a toll-‐free number.
•
Always plan the call in reverse.
•
More than 80 percent of all calls go to voice mail.
– Build your strategy around effec<ve messaging.
Effec<ve and Compliant Skip Tracing Techniques
What works?
•
Gexng response = linking everything together. Create the
impression you’re calling from the 25th floor of a skyscraper.
– Voice mail message should match gree<ng.
– Caller ID should match voice mail message and gree<ng. – Extensions should match voice mail message.
– Texts should match emails.
– Phone numbers, gree<ngs, voice mail messages, extensions, texts and emails — everything needs to match.
•
Use services that save <me: copying and pas<ng, cobbling
together services, case management. Time saved = more <me
for skip tracing.
Effec<ve and Compliant Skip Tracing Techniques
What doesn’t work?
•
Repeatedly calling un<l they answer.
– Wastes <me
– Puts you on the defensive if/when they do answer = “Why do you keep calling and hanging up?”
– Overall poor technique; <me-‐consuming, can’t use messaging, cases stack up, you have no idea who’s calling — why or from where
•
Using the “Frankenstein” technique
– Burner phone, free searches, three phone services, four databases, etc.
– Nothing links together
– Time-‐consuming, a headache to keep track of it all – Tripping over a dollar to pick up a nickel
Effec<ve and Compliant Skip Tracing Techniques
What doesn’t work?
•
Using services that aren’t designed for skip tracing
– There’s a reason your industry or “skip tracing” isn’t men<oned anywhere on their website.
Summary
•
There is no magic database.
Cell phone pinging and caller ID
spoofing are not compliant.
•
Create more Nme
for skip tracing.
•
Focus on compliance
– best prac<ce, best for business.
•
Support trade groups
such as PBUS.
– There’s power in numbers. Each addi<onal member you bring into this associa<on amplifies the associa<on’s ability to accomplish its goals.
Summary
•
Embrace co-‐opeNNon.
– www.mayet.som.yale.edu/coope<<on