Summary: H.R.1305 — 102nd Congress (1991-1992)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to House with amendment(s) (11/18/1991)

Telephone Consumer Privacy Rights Act - Amends the Communications Act of 1934 to require the Federal Communications Commission (FCC) to prescribe regulations: (1) requiring any caller identification service offered by or through a common carrier to allow the caller to withhold the display of the caller's telephone number to the individual receiving the call; (2) prohibiting any charges from being imposed for such service; and (3) requiring every common carrier to notify subscribers that their calls may be identified to a called party (not later than 30 days before offering a caller identification service or, if the private or common carrier is already offering such service, within 60 days).

Exempts from such requirements any caller identification service which is: (1) used solely in connection with calls within the same limited system; (2) used on a public agency's emergency telephone line, on the line which receives the primary emergency telephone number (911), or any entity's emergency assistance poison control telephone line; and (3) provided in connection with legally authorized call tracing or trapping procedures specifically requested by a law enforcement agency.

Authorizes the waiver of such requirements where compliance is not technologically feasible.

Requires any common carrier or affiliate providing automatic number identification (ANI) services to any person to provide such services under a contract or tariff containing telephone subscriber information requirements that: (1) permit such person to use the telephone number and billing information provided for billing and collection, routing, screening, completion of the originating subscriber's call or transaction, or for services directly related to the originating subscriber's call or transaction; (2) prohibit such person from reusing or selling the telephone number or billing information provided without first notifying the subscriber and extending them an option to prohibit or limit such reuse or sale; and (3) prohibit such person from disclosing, without such notice and option, any information derived from such service for any purpose other than performing the services or transactions that are the subject of the telephone subscriber's call, ensuring network performance, security, and the effectiveness of call delivery, compiling, using, and disclosing aggregate information, and complying with applicable law or legal process. Makes an exception to allow such person to offer, to any customer with which a person to which ANI services are provided has established a customer relationship, a product or service that is directly related to the products or services previously acquired by that customer.

Requires each common carrier to: (1) receive and transmit to the FCC customer complaints concerning violations of telephone subscriber information requirements imposed under this Act; and (2) submit to the FCC periodic reports on actions taken to obtain compliance with such requirements.

Authorizes the FCC to direct the termination of ANI services to any person who has violated such telephone subscriber information requirements.

Prohibits any State from prohibiting or preventing the provision of caller identification services.

States that nothing in this Act shall prevent a common carrier or user of its facilities from offering services or technology which enable a telephone subscriber receiving a call to block the call or its completion where the caller has chosen to withhold the display of personally identifying information.