New York State Federal Law Targets Identity Theft | Manatt, Phelps & Phillips, LLP

On November 8, New York Governor Kathy Hochul signed two bills: SB 6267 / AB 268, which requires telecommunications providers to block certain numbers, and SB 4281 / AB 585a, requiring providers voice services implement the STIR / SHAKEN call authentication framework to confirm that a call actually comes from the number displayed by caller ID.

As explained in a governor’s statement, SB 6267 / AB 268 codifies into New York State law the provisions of a federal rule issued by the Federal Communications Commission (FCC) in 2017 that came into effect in June. , allowing carriers to proactively block calls. from certain numbers.

The calls that will be blocked under this new law “are most likely to be illegitimate,” Gov. Hochul said, as they come from numbers that do not or cannot make outgoing calls and are indicative of Spoofing schemes in which the true identity of the caller is withheld. behind a false invalid number.

New York’s second bill also follows federal developments. Federal under Promulgation of the Pallone-Thune law by telephone Robocall Abuse Criminal Enforcement and Determination (TRACED) in December 2019, the FCC issued a rule requiring providers to implement call authentication technology known as STIR / SHAKEN by June 2021. As the FCC summarizes, “STIR / SHAKEN is a framework of standards interconnected. STIR / SHAKEN are acronyms for Secure Telephone Identity Revisited (STIR) and Signature-based Handling of Asserted Information Using toKENs (SHAKEN) standards.

New York’s SB 4281 / AB 585a follows the STIR / SHAKEN Call Authentication Framework Implementation Mandate, which uses cryptography to validate that a call actually originates from the number displayed by Caller ID , thus preventing theft of phone numbers and facilitating tracing. illegal recalls to the source.

The new measure will allow for stronger state enforcement, Governor Hochul said.

“New Yorkers are fed up with annoying, predatory robocalls, and we are taking action to stop them,” she said in a statement on the new laws. “This legislation will allow carriers to prevent these calls from arriving in the first place, as well as our state government to ensure that voice service providers validate who is making these calls so that enforcement action can be taken. be taken against the wrong actors. “

At the federal level, a congressional committee approved S. 594, the 2021 Identity Theft Sanctions Modernization Act.

Sponsored by Senators Susan Collins (R-Maine), Kyrsten Sinema (D-Ariz.), Josh Hawley (R-Mo.) And Gary Peters (D-Mich.), The bill was introduced in March.

As currently in force, the Truth in Caller ID Act provides for penalties of $ 10,000 per violation, with a maximum fine of $ 1 million for violations of the prohibition of “use of personal information. misleading or inaccurate caller IDs to intentionally defraud, cause harm, or improperly obtain anything of value.

Section 594 would double the fines to $ 20,000 and $ 2 million, respectively.

On November 17, 2021, the Senate Committee on Commerce, Science and Transport unanimously approved the measure.

“Older Americans lose billions of dollars each year to an ever-increasing number of financial abuse schemes,” Senator Collins said in a statement regarding the committee’s approval. “These scams vary in nature, from COVID-19 scams and government impostor scams to prizes, sweepstakes and lottery scams. We must work together to stop the criminals who use illegal robocalls and identity theft to steal Americans’ hard-earned savings and personal information. By increasing penalties for identity theft offenses, the bipartisan party [bill] would provide an additional tool in this fight. I am delighted that the Trade Committee has taken our legislation forward … and I urge my colleagues to support its passage.

To read SB 6267 / AB 268 click here.

To read SB 4281 / AB 585a, click here.

To read S. 594, click on here.

Why is this important: As evidenced by New York’s new laws as well as legislation proposed to Congress, lawmakers across the country continue to closely monitor telemarketing and the issue of spoofed calls.

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