Keith Mack
Obscene phone calls are, unfortunately, a common occurrence. While many hang-ups, prank calls, and harassing calls are not illegal, they can still be upsetting and distressing for the recipient. In some cases, obscene calls can be threatening and are considered a crime. Law enforcement can trace obscene phone calls, and there are steps you can take to identify the caller and report them to the police. Many phone companies offer call-tracing services, and there are also government resources available to help put an end to obscene phone calls.
| Characteristics | Values |
|---|---|
| Traceability | Private, blocked, and restricted calls can be traced. Unknown, unavailable, or out-of-area calls are untraceable. |
| Caller Information | The caller's phone number, name, and address can be captured. |
| Caller Purpose | To annoy, harass, or molest. |
| Call Frequency | Repeated calls, especially in a short period or the middle of the night, indicate harassment. |
| Call Content | Obscene, lewd, lascivious, filthy, vulgar, or indecent language. |
| Caller Disclosure | The caller may not disclose their identity. |
| Call Duration | No minimum call time is needed for tracing. |
| Charges | A fee may be incurred for tracing calls, up to $10 per call. |
| Law Enforcement Involvement | Law enforcement can investigate and take action after three successful traces. |
| Legal Consequences | Arrest and criminal prosecution may follow for obscene or harassing calls. |
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What You'll Learn
Tracing obscene phone calls
Law enforcement agencies can trace obscene phone calls by subpoenaing the phone records of the caller's phone company. This requires a court order, which can be obtained if the calls are deemed threatening or harassing. The phone company will then provide the phone number, name, and address of the caller to the law enforcement agency.
Individuals can also trace obscene phone calls, although it may be more difficult to obtain the caller's information. Some phone companies, such as CenturyLink, offer a call-tracing feature that can be used to identify harassing or threatening calls. This service typically requires a fee and will provide the phone number, and sometimes the name and address, of the caller to the phone company's Call Identification Center. However, for legal and privacy reasons, the phone company may not release this information to the individual unless a subpoena or court order is provided.
It is important to note that, in most cases, multiple traces from the same number are required before law enforcement or the phone company can take action. This is to ensure that the calls are truly obscene, harassing, or threatening and not simply accidental or one-time occurrences. Individuals who are receiving these types of calls should keep a record of the calls, including the date, time, and content of the call, to help support their case.
If you are receiving obscene, harassing, or threatening phone calls, it is important to contact your local law enforcement agency and telephone company to report the issue and seek assistance. They can provide guidance on how to trace the calls and take legal action if necessary. Additionally, individuals can consider changing their phone number or blocking the caller's number to prevent further calls.
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Legal action against obscene callers
Obscene phone calls are becoming more commonplace, even with advanced technology in communications such as Caller ID. However, there are ways to trace and take legal action against obscene callers.
Tracing Obscene Callers
Obscene, harassing, or annoying phone calls can be traced by law enforcement or the homeowner. In the US, Verizon provides a service to trace the last incoming call, which can help authorities with an investigation. Similarly, CenturyLink provides a tracing service, which captures the calling party's phone number, and their name and address if they are serviced by CenturyLink. This information is only released to law enforcement or with a subpoena or court order.
Legal Action
In Massachusetts, MA General Law c. 269 s. 14A is the law under which one can be charged for annoying or obscene telephone calls. There are three elements to the law that must be met: the person must have repeatedly made telephone calls (at least three), to the victim or the victim's family, and the person's language must have been obscene or solely intended to annoy or harass.
In the District of Columbia, 47 U.S. Code § 223 outlines the law regarding obscene or harassing telephone calls. This law also applies to interstate or foreign communications.
It is important to note that many robocalls are legal, and it can be challenging to identify and block illegal calls in real-time. However, the FCC has taken enforcement actions against illegal robocallers, and consumers can file complaints with the FCC or FTC if they believe they are receiving illegal or unwanted calls.
If you have been arrested for the crime of making obscene or harassing phone calls, you can contact a criminal defense attorney for legal advice and representation.
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Law enforcement involvement
In most cases, law enforcement agencies have specific procedures in place to deal with obscene phone calls. For instance, the Marshfield Police Department in Massachusetts mentions that annoying, harassing, or obscene telephone calls can be addressed through MA General Law c. 269 s. 14A. This law outlines the elements that need to be met for charges to be pressed, including the repetition of calls and the intent to harass or annoy.
To effectively trace obscene phone calls, law enforcement may employ various techniques. One common method is to use Caller ID and dialing *69 to identify the caller. Additionally, some telephone companies, like Verizon, offer services to trace incoming calls, providing essential information to authorities for their investigations. These traces can help identify the caller's phone number, and in some cases, their name and address. However, legal and privacy restrictions may apply, and a subpoena or court order might be necessary to obtain this information.
It is important to note that the involvement of law enforcement in addressing obscene phone calls may vary depending on the jurisdiction and the severity of the situation. In non-life-threatening cases, law enforcement may refer the victim to the appropriate office for a voluntary telephone number change or a voluntary customer-initiated trace procedure. On the other hand, in threatening or life-threatening situations, law enforcement agencies may seek court orders to implement telephone trace procedures without the customer's permission.
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Telemarketing and collection calls
Telemarketing Calls
To stop telemarketing calls, you can register your number on the National Do Not Call Registry. This is a free service provided by the Federal Communications Commission (FCC). You can register by calling 1-888-382-1222 (voice) or 1-866-290-4236 (TTY) or by visiting donotcall.gov. Telemarketers are required by law to remove your number from their call lists within 31 days of registering. Your number will remain on this list until you decide to remove it or discontinue the service.
Additionally, you can use robocall-blocking technology, such as Hiya, Nomorobo, TNS Call Guardian, YouMail, and Smart Call, to block unwanted telemarketing calls. These services offer features like caller ID, call-screening, and blocking options.
Collection Calls
If you want a collection agency to stop calling you, you must give them written notice. This can be done by sending a cease and desist letter via email, facsimile, and certified mail. In this letter, you can state that you refuse to pay the debt or request that they stop all communication. It is helpful to provide the telephone number you want to be removed from their database.
Once the collection agency receives your letter, they are not allowed to contact you again except to advise you of any legal actions they or the creditor may take, such as filing a lawsuit. It is important to note that stopping communication with a debt collector does not make the debt disappear, and they may pursue alternative methods to collect it.
If a collection agency continues to contact you after receiving your written notice, they may be violating the Fair Debt Collection Practices Act (FDCPA). In such cases, you can contact the Federal Trade Commission (FTC) or submit a complaint with the Consumer Financial Protection Bureau (CFPB). If you decide to sue under the FDCPA and win, the debt collector may be responsible for your attorney's fees and potentially pay damages.
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Call tracing services
Verizon also provides a call-tracing service for a fee. To use this service, customers can dial *57 after receiving an obscene call. While Verizon won't provide the traced number to the customer, they will forward the information to the police or legal authorities.
In addition to these services, individuals can contact their local law enforcement agencies for assistance. For example, the Marshfield Police Department advises individuals to call the Unlawful Call Bureau (UCB) to report obscene or harassing calls. Similarly, Montana State University's Police Department provides resources for students receiving obscene or threatening calls, including the option to seek a court order for a telephone trace procedure in non-life-threatening situations.
It's worth noting that, in some cases, a single call trace may be released if the situation is deemed life-threatening or if law enforcement is acting based on a single call. However, typically, three or more traces from the same number are required for further action.
While call-tracing services are available, it's also important to be mindful of legal implications. Making obscene or harassing phone calls is a crime, and individuals may face arrest and prosecution. Therefore, seeking legal counsel is crucial if one finds themselves in such a situation.
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Frequently asked questions
Yes, law enforcement can trace obscene phone calls. In the US, the recipient of the call can contact their local police department, who can then investigate the call. The police may then seek a court order for a telephone trace procedure. Alternatively, the recipient can contact their local telephone company, which may be able to trace the call for them.
If the obscene phone call is traced back to the caller, the recipient can file a charge against the caller. In Massachusetts, for example, the recipient can file a charge under MA General Law c. 269 s. 14A. The recipient must prove that the caller intended to annoy, abuse, threaten, or harass them.
If you are receiving obscene phone calls, you can contact your local telephone company, which may be able to trace the call for you. In the US, Verizon provides a call-tracing service. After the call, hang up the phone, then lift the receiver and listen for a dial tone. Dial *57 or 1157 for a rotary phone. If the call is successfully traced, you will be charged a fee, and the phone number (and possibly the name and address) of the caller will be provided to the police or other legal authorities.
