Caller ID is a telephone service that allows the recipient of a phone call to know who is making the call. Caller ID spoofing is a telecommunications industry technique that enables the caller to intentionally disguise their identity by displaying incorrect information on a receiver's caller ID. This is done so that the receiver cannot tell where a phone call or text message originally came from.
Technically, caller ID spoofing is not illegal in the United States. However, the Truth in Caller ID Act of 2009 criminalizes the use of caller-ID with the intention of defrauding, causing harm, and wrongfully obtaining valuable information from a person. This also includes valuable items like money. In the state of Virginia, the attorney general is responsible for enforcing this act. Note that this act makes certain provisions for law enforcement agencies that may have to do any of these things in the course of performing its legal duties.
With the increase of Voice over Internet Protocol and other similar telecommunications technology and services that allow users to configure their phone numbers personally, it has become easier to spoof Caller ID. Unfortunately, this has also led to a rise in Caller ID spoofing scams and related crimes. Some fraudulent and criminal activities that utilize caller ID spoofing are:
- Criminal impersonation, where scammers spoof their caller IDs to make their phone numbers look like the numbers of a governmental agency, financial institution, or well-known organization. These scammers do this to extort their targets or trick them into releasing personal information.
- Bullying, intimidation, and harassment, where an individual masks their phone number and proceeds to prank-call another individual. Sometimes these are just innocent prank calls made for what is believed to be harmless fun. However, some of these calls are also made by individuals who use caller ID spoofing to bully, harass, and threaten their targets anonymously.
- Telemarketing fraud, where scammers spoof their numbers to appear similar to the receiver's number and pose as legitimate telemarketers in an attempt to defraud the receiver. This form of caller ID spoofing is known as neighborhood spoofing, and it is done to increase the chances of the target answering a call. This is because most people tend to pick up calls from numbers similar to theirs or numbers they feel coming from the same area code they are in.
Why Is Phone Spoofing Illegal?
Even though caller ID spoofing may be done for several legitimate reasons, its features also provide con artists and nefarious individuals with an avenue to willfully abuse, hurt and defraud unsuspecting people. For example, medical practitioners may spoof their phone numbers to display their medical center’s number instead of their phone number when contacting a patient from home. On the flip side, a scammer can also pretend to be a medical practitioner through caller ID spoofing and fraudulently obtain sensitive information from an unsuspecting person.
As a result of this, caller ID spoofing with the intention of causing harm, obtaining valuable information or objects, or defrauding an individual is considered illegal in the United States of America. As stipulated by the Truth in Caller ID Act of 2009, persons found guilty of committing any of these crimes can be fined up to $10,000 per violation.
How Do You Know If Your Number Is Being Spoofed?
There is no particular method for determining whether your phone number has been spoofed. The surest means of knowing whether this has happened is if you suddenly start getting flooded with calls and messages from people you do not know and have never contacted before. Some of them will probably call or text to demand that you stop bothering them.
Having your number spoofed and dealing with a ton of unwanted calls resulting from this can be a very annoying and somewhat stressful experience. If this happens, some steps can be taken to reduce this stress:
- Block all calls and messages from numbers that are not stored in your phonebook. Most phones have this feature built into them. You can also download an app for this;
- Record a new voicemail message informing callers that your number was probably spoofed and asking them to no longer engage with it;
- File a complaint with the Federal Communications Commission. This is also important to offset any future accusations if your spoofed number was used to commit a crime.
How Can You Protect Yourself from Illegal Spoofed Calls?
It can be difficult to know whether an incoming call is from a spoofed phone number. To avoid becoming a victim of a caller ID spoofing scam, several steps can be taken. These steps include:
- Be suspicious of calls from unknown numbers or from numbers that are similar to yours;
- Always verify the authenticity of any caller that claims to represent a government agency or a well-known organization, especially if they are asking for money or personal information. These agencies and organizations usually have their contact details available on their websites;
- Never give out sensitive information over the phone unless it is to someone that you absolutely trust. If a caller insists that you provide this information, hang up immediately;
- Perform a reverse phone number lookup on any number that you suspect has been spoofed. If the search does not produce any results, then it probably means that the phone number is not real;
- Register your phone number on the National Do Not Call Registry to reduce the number of unsolicited telemarketing calls you receive;
- Block all unwanted phone calls and text messages. This can be done with certain software and apps. Some phones also come with this feature built-in.
Does Virginia Have Anti-Spoofing Laws?
On March 18, 2019, the governor of Virginia approved House Bill No. 2170, making it a misdemeanor offense to display false caller identification information with the intent of defrauding, intimidating, or harassing the receiver of a phone call. Violating this law, codified as Code of Virginia § 18.2-429.1, is a Class 3 misdemeanor, punishable by a fine of up to $500 for first-time offenders and a Class 2 misdemeanor for any subsequent offenses.
This law is similar to the Truth in Caller ID Act of 2009, the federal anti-spoofing law. However, unlike Virginia’s law on anti-spoofing, the Truth in Caller Act ID Act of 2009 punishes offenders with fines of up to $10,000 per violation, or up to $1,000,000 for continuous violations. Note that violations under the federal anti-spoofing law have a two-year statute of limitations. After this time passes, offenders can no longer be charged for these offenses.
What Are Common Phone Scams Involving Caller ID Spoofing in Virginia?
As a result of the relative ease with which caller IDs can be spoofed, con artists use this technique to carry out many scams. Some of the most common scams reported in Virginia that involve caller ID spoofing are:
- Government/Utility impostor scams;
- Grandparent/Relative scams;
- Financial institution impersonation/Phishing scams;
The Virginia Office of the Attorney General provides the general public with an online platform that can be used to file complaints concerning scams and suspected scams. This office's consumer protection division can also be contacted between the hours of 8:30 a.m. – 5:00 p.m., Mondays to Fridays at 1-800-552-9963 or (804) 786-2042 for callers from the Richmond area or out of state.