Truth in Caller ID Act of 2009 and Cell Phone Pinging

Transcription

1 Truth in Caller ID Act of 2009 and Cell Phone Pinging What You Need to Know Presented by Paul Kulas of Belles Camp Communica<ons

2 Paul Kulas Owner and Head Bell Ringer Belles Camp Communica6ons Eagle, Colo

3 Changing How Skip Tracing Is Done 23 years providing services for skip tracing First trap line Blind line Calling cards Founded SkipTracy in 2002 New techniques for skip tracing: Unique caller ID for each phone call (aka, caller ID spoofing) Programs BellesLink July 2013 First service for skip tracing to combine: Compliance Communica<ons Case management

4 Today s Presenta6on Truth in Caller ID Act of 2009 and Cell Phone Pinging What You Need to Know Compliant and EffecNve Skip Tracing Techniques

5 Truth in Caller ID Act of 2009 and Cell Phone Pinging Truth in Caller ID Act of 2009 Defini<ons Why the law applies to bail bonds Common misunderstandings The risks of interpreta<on Cell Phone Pinging What s compliant What s not compliant What We Will Cover Applicable laws that cover cell phone loca<on informa<on and privacy The cost of noncompliance in your industry

6 Compliant and EffecNve Skip Tracing Techniques Compliant and EffecNve Skip Tracing Techniques What works What doesn t work Summary What We Will Cover

7 A Special Resource for You 2014 PBUS Winter Conference A Magic Skip Tracing BuQon Doesn t Exist Presented exclusively for the 2014 PBUS Winter Conference Slide deck from this presenta<on Links to related blog posts info.belleslink.com/pbus2014

8 Two Laws Can t Be Fully Explained in One Presenta<on Both laws are technical. I ll cover the key points. Call or any<me, or see me aaerward. paul@bellescamp.com See the BellesLink Learn Skip Tracing blog. Detailed content covering this and much more

9 Truth in Caller ID Act of 2009 What You Need to Know

10 Truth in Caller ID Act of 2009 Signed into law on Dec. 22, 2010 (1) IN GENERAL - It shall be unlawful for any person within the United States, in connec<on with any telecommunica<ons service or IP- enabled voice service, to cause any caller iden<fica<on service to knowingly transmit misleading or inaccurate caller idennficanon informanon with the intent to defraud, cause harm or wrongfully obtain anything of value, unless such transmission is exempted pursuant to paragraph (3)(B). (3)(B) exempnon is available only to law enforcement agencies or anyone else that gets a court order specifically authorizing caller ID spoofing for example, a baeered women s shelter might seek such an order.

11 Caller Iden<fica<on Informa<on Defined Sec<on 8 in the law defines caller idennficanon informanon. (A) CALLER IDENTIFICATION INFORMATION - The term caller iden<fica<on informa<on means informa<on provided by a caller idennficanon service regarding the telephone number of, or other informa<on regarding the originanon of, a call made using a telecommunica<ons service or IP- enabled voice service.

12 Caller Iden<fica<on Informa<on Defined Caller idennficanon service Whatever service (device or soaware) is used to place the call Telephone number of What s displayed on the caller ID OriginaNon of The party that owns the number displayed on the caller ID and/or where the call originated (your phone, your phone number, your hotel room, your office, etc.)

13 The Law in General It shall be unlawful for any person within the United States, in connec<on with any telecommunica<ons service or IP- enabled voice service, to cause any caller iden<fica<on service to knowingly transmit misleading or inaccurate caller iden<fica<on informa<on If you placed a call that showed as coming from the subject s mom s house, is that misleading?

14 The Law in General With the intent to Defraud, cause harm or wrongfully obtain anything of value. Defraud Means to cause financial loss to another to bring financial gain to oneself. The defini<on also includes obtaining any thing, right or interest.

15 The Law in General Cause harm This doesn t have to be physical. You can frighten someone and thereby cause emo<onal harm or mental duress. Any legal defini<on of harm would violate the law. Or wrongfully obtain anything of value An address, loca<on, whereabouts or any other informa<on via misleading or inaccurate caller iden<fica<on informa<on = wrongfully. Does it have value? If the nonpublished address obtained was paid for = yes. If the person values what he or she told you = yes. If the person values privacy = yes.

16 Common Misunderstandings 1. You re in California. 2. You call a skip using a BellesLink number; the caller ID displays a New York 212 area code. Is it spoofing? No You lease the number from BellesLink = telephone number of. You can be reached at the number = originanon of.

17 Common Misunderstandings 1. You call a skip. 2. The caller ID displays the local pizza place, a girlfriend or boyfriend, or a parent s house number. 3. You obtain something (also means anything). Breaking the law? Yes Not telephone number of = not your number Not originanon of = you can t be reached at that number Misleading and inaccurate

18 Common Misunderstandings What I do isn t breaking the law. My intent isn t to cause harm, defraud or wrongfully obtain anything of value. Wrong. Read the law. Belles Camp invented spoofing. If we thought it was legal, we d offer it.

19 Common Misunderstandings Why are there s6ll spoofing services? Because Not illegal to provide spoofing Prank/entertainment calls not illegal Held harmless, responsibility (wink and a nod?) clauses

20 The Risk of Interpreta<on The Truth in Caller ID Act of 2009 has room for interpretanon. There have been no cases decided that I m aware of. Do you really want to become case law?

21 The Risk of Interpreta<on Let s say I m wrong. 1. It s not likely to get out at MSJ (Mo<on for Summary Judgment). 2. Your E&O policy won t cover the claim. 3. Even if you win, you lose: You ll spend thousands of dollars defending yourself. You won t get your legal fees back. You won t be able to file a Malicious Prosecu<on case. It causes stress to your family, health and business. All for a skip?

22 The Risk of Interpreta<on A violanon will cost you a lot. 1. $10,000 for each viola<on, or three <mes that amount for each day of a con<nuing viola<on, except that the amount assessed for any con<nuing viola<on shall not exceed a total of $1,000, Civil claim; compensatory and puni<ve damages

23 Cell Phone Pinging What You Need to Know

24 Cell Phone Pinging Compliant examples of cell phone pinging When wri<ng the bond As part of skip tracing Noncompliant examples of cell phone pinging What not to do Different laws that apply to address locanon informanon and privacy Loca<on informa<on = the pinging of a cell phone Privacy. Yes, a person s cell phone is protected The effect of noncompliance in the bail industry

25 Loca<ng a Cell Phone: What Is Compliance? Must have consent Explicit in the bond agreement Cannot be buried in small print Separate disclosure page is best

26 Loca<ng a Cell Phone: What Is Compliance? NoNce must be given to the cell phone owner before obtaining loca<on informa<on. Double opt- in is best. At the <me the bond is signed, this text is sent: We would like to obtain your cell phone loca<on. To agree, reply with YES 1234 or NO. If they reply YES 1234, a second text message is sent (double opt- in): Your cell phone loca<on has been obtained. To Cancel/Stop, reply with CANCEL/STOP. Terms and condi<ons. If they reply NO, loca<on informa<on is not obtained. A URL with sponsor s name, data reten<on policy, and privacy policy is required.

27 Loca<ng a Cell Phone: What Is Compliance? If cell phone loca<on informa<on is ongoing (un<l court), reminder texts must be sent each 30 days. REMINDER. Your cell phone loca<on informa<on is being obtained. To Cancel/Stop, reply with CANCEL/STOP. Terms and condi<ons.

28 Cell Phone Pinging: What Is Noncompliance? LocaNng a cell phone without consent, following all laws and carrier requirements Single opt- in or double opt- in is required no excep<ons. Trickery is not consent. Repeatedly tex<ng a cell phone number un<l it replies to the text message: When the cell phone replies to the text message, the text messages stop and the cell phone owner s loca<on informa<on is obtained. All carriers have strict rules that must be followed by any loca<on informa<on applica<on. At least four federal laws and numerous state laws must be followed.

29 Cell Phone Pinging: What Is Noncompliance? Obtaining or selling locanon informanon without consent Contac<ng someone, giving them a cell phone number and obtaining the loca<on of the cell phone number from them Purchasing and/or possessing cell phone loca<on informa<on from anyone other than the carrier or a provider approved by all carriers

30 Applicable Laws and Cell Phone Privacy Four federal laws apply 1. CommunicaNons Act of 1934, amended by the TelecommunicaNons Act of 1996 Imposes a duty on all carriers (covered en<ty) to keep customer informa<on confiden<al 2. Telephone Records and Privacy ProtecNon Act of 2006 (TRPPA) Amended to include the word loca<on, with the specific intent to protect cell phone loca<on informa<on 3. FCC Declaratory Ruling, June 27, 2013 Specifically included cell phone loca<on informa<on as confiden<al informa<on, i.e., a confiden<al phone record

31 Applicable Laws and Cell Phone Privacy Four federal laws apply 4. FTC: SecNon 5 of the Trade Commission Act Prohibits unfair or decep<ve acts or prac<ces in or affec<ng commerce FTC ini<ated suits in 2006 that sought penal<es and injunc<ons of the sale of telephone records Every state has a law covering confiden<al informa<on, personal informa<on and customer proprietary network informa<on (CPNI). Cell phone loca<on informa<on falls under all defini<ons.

32 How Does Noncompliance Affect the Bail Industry? Carriers have had complaints and hassles. Indicators are that carriers are phasing out cell phone loca<on informa<on for the bail industry. Verizon, the No. 2 largest carrier, has already quit approving cell phone loca<on apps for anything bail- related. Locaid, the largest loca<on informa<on plavorm, won t submit anything bail- related. It seems doubvul that bail industry cell phone loca<on apps will survive. How d we get here? Noncompliance.

33 Effec<ve and Compliant Skip Tracing Techniques BellesLink Learn Skip Tracing blog We have 23 years of experience, millions of phone calls, thousands of cases. We do what our customers tell us. Be hard on your techniques; look for holes. What would <p you off?

34 Effec<ve and Compliant Skip Tracing Techniques What works? Compliance. Instead of spoofing, use a local number combined with a toll- free number. Always plan the call in reverse. More than 80 percent of all calls go to voice mail. Build your strategy around effec<ve messaging. What s effec<ve? What would engage you?

35 Effec<ve and Compliant Skip Tracing Techniques What works? Gexng response = linking everything together. Create the impression you re calling from the 25th floor of a skyscraper. Voice mail message should match gree<ng. Caller ID should match voice mail message and gree<ng. Extensions should match voice mail message. Texts should match s. Phone numbers, gree<ngs, voice mail messages, extensions, texts and s everything needs to match. Use services that save <me: copying and pas<ng, cobbling together services, case management. Time saved = more <me for skip tracing.

36 Effec<ve and Compliant Skip Tracing Techniques What doesn t work? Repeatedly calling un<l they answer. Wastes <me Puts you on the defensive if/when they do answer = Why do you keep calling and hanging up? Overall poor technique; <me- consuming, can t use messaging, cases stack up, you have no idea who s calling why or from where Using the Frankenstein technique Burner phone, free searches, three phone services, four databases, etc. Nothing links together Time- consuming, a headache to keep track of it all Tripping over a dollar to pick up a nickel

37 Effec<ve and Compliant Skip Tracing Techniques What doesn t work? Using services that aren t designed for skip tracing There s a reason your industry or skip tracing isn t men<oned anywhere on their website.

38 Summary There is no magic database. Cell phone pinging and caller ID spoofing are not compliant. Create more Nme for skip tracing. Focus on compliance best prac<ce, best for business. Support trade groups such as PBUS. There s power in numbers. Each addi<onal member you bring into this associa<on amplifies the associa<on s ability to accomplish its goals.

39 Summary Embrace co- opennon. Co- opennon means coopera<ng to create a bigger business pie while compe<ng to divide it up. By working together, you ll be able to get the changes that you need accomplished. You ll be able to define and grow the pie and compete based on ability, compliance and added value rather than just cost.

40 Thank You! A Special Resource for PBUS Conference Aeendees info.belleslink.com/pbus2014 Contact Me Paul Kulas paul@bellescamp.com