§ 5-63-205 — Misleading caller identification information - Exemptions - Penalties

(a) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information if the purpose is to defraud, cause harm, or wrongfully obtain anything of value. (b) It is unlawful for a person, in connection with a telecommunications service, to cause a caller identification service to transmit misleading or inaccurate caller identification information unless the person has verified that the caller has a right to use the name and the phone number displayed. (c) It is unlawful for a telecommunications service to permit or cause a caller identification service or device to display the name or telephone number of the recipient. (d) It is unlawful for a person to use a third party to display or cause to be displayed a fictitious or misleading name or telephone number on an Arkansas resident's telephone caller identification service for any purpose. (e) This section does not prohibit: (1) An authorized activity of a law enforcement agency; (2) Any investigative, protective, or intelligence activity of a law enforcement agency, including a law enforcement agency of the United States, another state, or a political subdivision of another state, an intelligence agency of the United States, or a protective services shelter or facility, including without limitation a domestic violence shelter, from transmitting or causing to be transmitted, an inaccurate telecommunications number; (3) A telecommunications service from blocking or restricting the name or phone number from being displayed by caller identification equipment or devices; (4) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation; or (5) A telecommunications provider or other person from transmitting or causing to be transmitted an inaccurate telecommunications telephone number for a legitimate business purpose. (f) This section does not apply to a telecommunications provider that complies with § 23-17-122 . (g) A violation of this section is a Class D felony.

Legislative History

Amended by Act 2019, No. 1074,§ 1, eff. 4/16/2019. Added by Act 2019, No. 677,§ 8, eff. 7/24/2019.