MISSISSIPPI LEGISLATURE

2019 Regular Session

To: Energy

By: Senator(s) Doty, Dearing, Michel, Parks, Younger, Hill, Branning

Senate Bill 2744

(COMMITTEE SUBSTITUTE)

AN ACT TO AMEND SECTION 77-3-803, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS OF CERTAIN TERMS AS USED IN THE CALLER ID ANTI-SPOOFING ACT; TO AMEND SECTION 77-3-805, MISSISSIPPI CODE OF 1972, TO REVISE THE PROHIBITION AGAINST CALLER IDENTIFICATION SPOOFING; TO CREATE NEW SECTION 77-3-811, MISSISSIPPI CODE OF 1972, TO CREATE A PRIVATE RIGHT OF ACTION FOR DAMAGES AND INJUNCTIVE RELIEF; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 77-3-803, Mississippi Code of 1972, is amended as follows:

     77-3-803.  As used in this article:

          (a) * * *  "Call" means any type of telephone call made using a public switched telephone network, wireless cellular telephone service, or Voice‑Over‑Internet Protocol (VOIP) service that has the capability of accessing users on the public switched telephone network or a successor network "Automatic number identification" means a system that identifies the billing account for a call and includes an enhanced 911 service capability that enables the automatic display of the ten-digit number used to place a 911 call from a wire line, wireless, interconnected VoIP or nontraditional telephone service.

          (b) * * *  "Caller" means a person who places a call, whether by telephone, over a telephone line, or on a computer "Caller identification information" means information provided by a caller identification service regarding the telephone number, or other origination information, of a call or facsimile transmission made using a telecommunications service or an interconnected VoIP service, or of a text message sent using a text-messaging service.

          (c) * * *  "Enter" means to input data by whatever means into a computer or telephone system "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.  The term includes automatic number identification services.

          (d) * * *  "False information" means data that misrepresents the identity of the caller to the recipient of a call or to the network itself; however, when a person making an authorized call on behalf of another person inserts the name, telephone number or name and telephone number of the person on whose behalf the call is being made, such information shall not be deemed false information "Interconnected VoIP service" means an interconnected Voice over Internet Protocol service that:

(i)  Enables real-time, two-way voice communications;

(ii)  Requires a broadband internet connection from the user's location;

(iii)  Requires internet protocol-compatible customer premises equipment; and

(iv)  Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

          (e) * * *  "Telephone caller identification system" means a listing of a caller's name, telephone number, or name and telephone number that is shown to a recipient of a call when it is received "Place of primary use" means the street address where a subscriber's use of a telecommunications service or interconnected VoIP service primarily occurs, which shall be:

(i)  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; and

(ii)  Within the licensed service area of the provider.

(f)  "Provider" means a person or entity that offers telecommunications service or interconnected VoIP service.

(g)  "Registered location" means the most recent information obtained by an interconnected VoIP service provider that identifies the physical location of an end user.

(h)  "Subscriber" means a person:

(i)  Who subscribes to a caller identification service in connection with a telecommunications service or an interconnected VoIP service; and

(ii)  Whose place of primary use for the service described in paragraph (h)(i) is located in Mississippi.

(i)  "Telecommunications service" means the offering of telecommunications for a fee directly to the public, or to classes of users so as to be effectively available directly to the public, regardless of the facilities used.

     SECTION 2.  Section 77-3-805, Mississippi Code of 1972, is amended as follows:

     77-3-805. * * *  (1) Except as provided in Section 77-3-807, a person * * * may not enter or cause to be entered false information into a telephone caller identification system shall not, in connection with any telecommunications service or interconnected VOIP service, knowingly and with the intent to * * * deceive, defraud or * * *mislead the recipient of a call 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.

 * * * (2)  A person may not place a call knowing that false information was entered into the telephone caller identification system with the intent to deceive, defraud or mislead the recipient of the call.

     SECTION 3.  The following shall be codified as Section 77-3-811, Mississippi Code of 1972:

77-3-811.  (1)  Except as provided in Section 77-3-807 and subsection (3) of this section, any person who is aggrieved by a violation of this article may bring an action for the recovery of the person's actual damages, including court costs and attorney's fees, against any person:

          (a)  Responsible for; or

          (b)  Who knowingly participated in;

the violation.  An action under this subsection may be brought in the circuit court of the aggrieved person's county of residence or principal place of business in Mississippi.

     (2)  Upon petition by any person that another person has violated this article, the circuit court of the petitioner's county of residence or principal place of business in Mississippi 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 (1) of this section.

     (3)  A person does not have a cause of action against a provider for a violation of this article unless the violation resulted from the provider's gross negligence or intentional wrongdoing.

     SECTION 4.  This act shall take effect and be in force from and after July 1, 2019.

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