WASHINGTON, D.C. – This afternoon, U.S. Senators Deb Fischer (R-Neb.) and Bill Nelson (D-Fla.) introduced bipartisan legislation, known as the Spoofing Prevention Act of 2016. The bill would close existing legal loopholes that allow fraudulent caller ID information to be conveyed through texts, certain IP-enabled voice services, and calls originating outside the United States.

Senator Fischer released the following statement:

“Modern technology makes our lives easier, but it also creates new challenges. Loopholes in our laws have allowed predators to falsify who they are and gain sensitive financial information from millions of Americans, particularly veterans and the elderly. That’s why I’m proud to team up with Senator Nelson to introduce bipartisan legislation that would close these loopholes and protect our citizens from fraud and abuse.”

Senator Nelson released the following statement:

“Far too many Americans are still being ripped off by scammers using spoofing technology. This bill should help turn the tide and better enable consumers and law enforcement to stay ahead of the fraudsters.”  

In September of 2013, USA Today reported on this growing problem and highlighted the story of Marian Kerr of Hastings, Nebraska:

Marian Kerr, 83, worked for years as a hospital nursing administrator before retiring in the 1990s. She knows what information she should and shouldn't give out to strangers, and has a telephone equipped with caller ID. Still, she got tricked into giving her bank account number in August to a caller claiming to work for the federal government.

"They told me they were calling from Washington, D.C., and they had my name, address and phone number," said Kerr, of Hastings, Neb. "I was distracted; they told me we could be done in three minutes. When they said, 'Is your bank account number such-and-such,' I said no and gave them the number." 

When she later checked caller ID, she learned that the call originated in Nevada. She became worried that she had been conned so she contacted her bank and local police.

Police couldn't do much with the complaint. Nor could the Better Business Bureau. When Kerr repeatedly called the number, it rang busy or rolled to voicemail.

Caller ID spoofing refers to the practice of deliberately falsifying telephone numbers and/or names relayed through caller ID. Major targets of spoofing often include seniors, veterans, and law enforcement. 

Last fall, the FBI issued a warning regarding a caller who used spoofing technology to display the number of the Omaha FBI office on caller IDs. In this instance, the fraudulent caller told the recipient that they were eligible to receive a grant from the federal government. The caller then proceeded to solicit credit card and banking information. 

The Truth in Caller ID Act of 2009, of which Senator Nelson was the sponsor, was signed into law in December of 2010. It prohibits any person or entity from transmitting misleading or inaccurate caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value. Unfortunately, new technologies have made it easier for scam artists, especially those operating overseas, to continue making fraudulent calls.  

The following provisions in the Fischer-Nelson Spoofing Prevention Act of 2016 would close these loopholes and strengthen protections for Americans:

• Prohibits caller ID spoofing on voice calls, including calls made by persons outside of the United States to callers located inside the United States and all calls made using IP-enabled voice services. 
• Prohibits caller ID spoofing on text messages. 

The Spoofing Prevention Act of 2016 directs the Government Accountability Office (GAO) to conduct a study of the actions the Federal Communications Commission (FCC) and the Federal Trade Commission (FTC) have taken to combat spoofing. It also directs the GAO to identify any additional measures that may be needed to combat this practice.

In addition, the bill directs the FCC to publish on its website a report identifying existing technology consumers can use to protect themselves against Caller ID spoofing.