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Prepared by Copilevitz & Canter, LLC - (816) 472-9000 | This chart is not to be used as a substitute for legal counsel.

States Banning Caller Identification Blocking

State

Relevant Statutory Language & Citation

Notes

Federal

"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.

These provisions not applicable to non-profit organizations. Applicability toT-1 systems uncertain.

State

Alabama

"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)

Arizona

"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)

Arkansas

"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).

California

“[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)

Colorado

"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)

Connecticut

"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)

Florida

"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

Georgia

"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)

Idaho

"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)

Illinois

"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

Indiana

"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)

Kansas

"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)

Kentucky

"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)

Louisiana

“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).

Maine

"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.

Massachusetts

"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.

Michigan

"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).

Minnesota

"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).

Mississippi

"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)).

Missouri

"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)

Montana

"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).

Nevada

"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)

New Hampshire

"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

New Jersey

"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).

New Mexico

"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)).

New York

"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

North Carolina

"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).

North Dakota

"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).

Ohio

"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).

Oklahoma

"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)

Pennsylvania

"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

Tennessee

"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

Texas

"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)

Utah

"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)

Virginia

"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.

Wisconsin

"No person may [u]se caller-ID blocking when making a telephone solicitation." Wis. Admin. Code 127.83(2)(e)

Wyoming

"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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