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Florida AG proposes tougher penalties for phone and text scams

James Uthmeier’s proposal targets mass scam operations, fake caller identities and delayed responses to requests to stop telemarketing messages.

Florida AG proposes tougher penalties for phone and text scams

Key takeaways

  • Proposal targets fraudulent calls and text messages
  • Higher-volume or higher-loss offenses could face tougher penalties
  • Phone farms and SIM farms would be addressed under criminal law
  • Providers would face caller ID and campaign shutdown requirements
  • The attorney general would receive independent investigative authority

Florida Attorney General James Uthmeier announced the proposed Florida Anti-Spam Communications Act on Sept. 17 at the Southwest Focal Point Community Center in Pembroke Pines. The proposal targets scam calls and text messages that impersonate government agencies, banks and utility companies.

The measure would increase penalties in cases involving large numbers of messages or major financial losses. Some offenses could become elevated felonies carrying mandatory prison time.

It also would make possessing or importing a “phone farm” or “SIM farm” a felony and classify the equipment as contraband. Such operations can use multiple devices or subscriber identity modules to contact thousands of phone numbers.

Rules for communications providers

The proposal would require communications providers to authenticate caller ID information. After receiving written notice, a provider also would have to shut down an identified unlawful campaign.

Florida’s telemarketing consent law would be tightened so requests to stop messages must be honored within days rather than weeks. The attorney general would gain independent authority to investigate spam calls and texts.

The plan also includes a statewide education campaign for older Floridians. Statewide Prosecutor Taylor Chatting said the state’s Cyber Fraud Enforcement Unit has recovered nearly from scammers for victims.

Scams targeting Floridians

Prosecutors identified several common schemes: false claims that a person must pay to avoid arrest for missing jury duty, fraudulent demands from people posing as Internal Revenue Service officials, and requests for payment for computer work that was never performed.

Other reported schemes involve fake passport services and callers impersonating utility representatives. Floridians can report suspected fraudulent calls or texts by calling 1-866-9NO-SCAM or visiting MyFloridaLegal.com.

What to watch

  • The proposal’s progress through the legislative process
  • Details of the proposed felony penalties and mandatory prison terms
  • How caller ID authentication and shutdown notices would work
  • Timing and scope of the education campaign for older residents

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