HB217 Alabama 2021 Session

Under existing Alabama law, no penalty exists for the intentional use of misleading caller identification information by telephone solicitors

This bill would prohibit the knowing and intentionally misleading display of misleading or inaccurate caller identification information. The bill would not prohibit the use of caller identification blocking software by persons not making solicitations, nor the use of caller identification manipulating software by law enforcement, intelligence agencies, or charitable or political organizations complying with state law regarding charitable or political solicitations

The bill would require telecommunications service providers to provide subscribers with caller identification information manipulation detection software, at no cost to subscribers

Violations of this bill would also be made violations of the Deceptive Trade Practices Act in order to provide for enforcement by the Attorney General

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to telephone communications; to prohibit the knowing and intentionally misleading display of misleading or inaccurate caller identification information under certain conditions, with exceptions; to require telecommunications service providers to provide subscribers with software to combat robocalls; to make violations a violation of the Deceptive Trade Practices Act; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.