Should Telemarketers Be Banned From "Spoofing" Their Identity in Text Messages? (H.R. 423)

What is H.R. 423?

(Updated September 2, 2020)

This bill would make it more difficult for companies and scammers to trick people into answering their calls and texts.

In an attempt to avoid telemarketers and scams, many Americans use caller ID and ignore calls from unknown numbers. Some companies trick people into answering anyway (or responding to text messages), by “spoofing” their numbers to display fake information on recipient caller IDs. Some scammers alter their information to appear as though their calls and texts are actually coming from a reputable company, government agency, hospital, bank, or credit card company.

The Truth in Caller ID Act of 2009 made it illegal to spoof your number while making a phone call with the intent to defraud, harm, or wrongly obtain anything of value, as long as the caller and recipient were both located in the United States.

The Anti-Spoofing Act seeks to expand this protection by banning fraudulent spoofing via text messages and calls placed with Voice over Internet Protocol (VoIP) services (which allow users to place calls from computers and tablets), as well as instances where the recipient is located in the United States but the caller is out of the country.

If passed, the Federal Communications Commission (FCC) will be responsible for implementing the new rules.

Argument in favor

Companies should not be allowed to trick people into thinking they are offering safe, legitimate services. This is already illegal; it’s time to update the regulations to include the latest technologies.

Argument opposed

The government shouldn’t interfere with companies’ methods for reaching possible customers. Everyone should have a right to hide their identity — no matter their reason for doing so.

Impact

Companies that currently spoof using text messages, VoIP, or out-of-country callers; people who may receive and be tricked by these calls; the FCC; Congress.

Cost of H.R. 423

A CBO cost estimate is unavailable.

Additional Info

In Depth: Sponsoring Rep. Grace Meng (D-NY) offered the following statement when she introduced this bill during the previous session of Congress:

“The purpose of caller ID is to know the identity of the person who is calling or texting you. But all too often, the name and number that is displayed is not the actual name and number of the caller or texter. Unfortunately, it’s often some telemarketers attempting to pull a fast one or con artists trying to rip off unsuspecting recipients, especially seniors. It’s time to finally stop this outrageous and deceitful practice.”

This legislation passed the House on a 382-5 vote in November 2016, but wasn't considered in the Senate before the 114th Congress adjourned.

Of Note: The FCC accepts complaints from people who feel they have been wrongfully spoofed.

Media:

• Sponsoring Rep. Grace Meng (D-NY) Press Release (Previous Version)

• Morning Consult (Previous Version)

• JD Supra (Previous Version)

• FCC Spoofing Information (background)