A hearing was held yesterday before the Massachusetts state legislature on a bill that would require companies calling individuals in that state and using a Caller ID number displaying a Massachusetts area code to have a physical presence in the state or face fines of up to $10,000 per call.
The bill, H.312, was introduced earlier this year by Rep. John Barrett, III, and Rep. Thomas Walsh, both Democrats. The bill was introduced in late March and literally sat for five and a half months before the virtual hearing that was held yesterday before the Joint Committee on Consumer Protection and Professional Licensure. The bill was one of about two dozen that were discussed during the hearing. Thanks to Eric Troutman at TCPAWorld.com for bringing the bill to everyone’s attention.
Violations of the bill, should it become law, would be considered unfair and deceptive acts or practices under state law in Massachusetts. Violators would be subject to fines of not more than $10,000 for each deceptive call, or $5,000 for each deceptive call involving consumers who are 65 years old or older.
Under the provisions of the bill, callers would be prohibited from making, placing, or initiating calls or text messages, or otherwise engaging in conduct which results in the display of false, misleading, or inaccurate caller ID information, including displaying a Massachusetts area code on the recipient’s caller ID “unless the person making, placing, or initiating the call or text message maintains a physical presence in the commonwealth.”
The bill would also prohibit obtaining or using personal identifying information about a person without his or her express authorization to pose or assist another to pose as such a person in making, placing, or initiating a call or text message.
