Action Line: 'Spoofing' can fake a trusted Caller ID name
BY PHIL MULKINS World Action Line Editor
Thursday, January 17, 2013
1/17/13 at 4:33 AM
Dear Action Line: What is the state law on "Caller ID spoofing?" I'm getting calls from my bank that my bank says are not coming from my bank. - C.T., Tulsa.
The Oklahoma law dealing with "fraudulent electronic mail messages" is Title 15 Section 776.1 saying it is "unlawful for a person to initiate an electronic mail message the sender knows ... misrepresents any information in identifying the point of origin or the transmission path of the electronic mail message."
Caller ID spoofing: The law says this "hides the true source of incoming calls by not accurately identifying the source on Caller ID telephone systems." Such calls, "do not contain information identifying the point of origin or the transmission path of the electronic mail message" but "contain false, malicious or misleading information which purposely or negligently injures people."
A Caller ID-spoofed call "falsely represents it is being sent by a legitimate online business" and "refers or links the recipient of the message to a web page that is represented as being associated with a legitimate online business with the intent to engage in conduct involving fraudulent use or possession of identifying information," or "directly or indirectly induces, requests or solicits the message recipient to provide identifying information for a purpose the recipient believes is legitimate."
The Federal Trade Commission defines "Caller ID spoofing" as "a new technology that makes it easy to make the recipient think the call is from a trusted source. "The fraudulent telemarketer may want you to think the call is from your bank or another entity you've done business with. Sometimes, the telephone number shows up as `unknown' or `123456789.' Other times, the number is a real one belonging to someone who has no idea his or her number is being misused" by a caller with criminal intent.
Oklahoma law states, "Any person violating the provisions of this section shall be subject to a civil penalty of up to $500;" and "All acts and practices declared to be unlawful by this section shall, in addition, be violations of the Oklahoma Consumer Protection Act."
The form response sent to Oklahoma complaint filers by the Oklahoma Attorney General's Public Protection Unit (formerly the Consumer Protection Unit) regarding citizen complaints on violations of the Do Not Call List, states, "We must have the evidence of who they were, their telephone number, what they were trying to sell and what was said in the course of the conversation to have a valid complaint."
Not even the Federal Trade Commission has the technology to see beyond the Caller ID-spoofed identifiers found on Caller ID windows. All "robocalls" come in now with Caller ID-spoofed camouflage - meaning fraudulent telemarketers want you to think their calls are from your bank or other entities you do business with and trust. If you get a robocall - hang up. Do not press 1 "to speak to a live operator" or any other number "to have your number removed from the calling list." This will only tell the calling computer it has found an active phone number with a sucker attached. Pressing a number also will lead to more robocalls. Complain to the FTC at 1-888-382-1222.
Original Print Headline: 'Spoofing' can fake a trusted Caller ID name
Submit Action Line questions by calling 918-699-8888, emailing phil.mulkins@tulsaworld.com or by mailing them to Tulsa World Action Line, PO Box 1770, Tulsa OK 74102-1770.
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