Note from the PRIVACY Forum Moderator: The following information has been provided to the PRIVACY Forum by the Privacy Rights Clearinghouse (PRC). In some cases, the items have been reformatted locally for online presentation. Index descriptions for FTP/listserv/gopher access have been chosen locally. Other than such formatting and index descriptions, all information below in this file is the responsibility of the PRC, and any questions regarding that information should be directed to the PRC at: Phone: 619-298-3396 (800-773-7748 Calif. only) Fax: 619-260-4753 E-mail: prc@teetot.acusd.edu.. ------------------------------------------------------------------------- Privacy Rights Clearinghouse Fact Sheet #3 How to Put an End to Unwanted or Harassing Phone Calls Obscene or harassing phone calls can be one of the most stressful and frightening invasions of privacy a person experiences. And unwanted phone calls, while a minor problem when compared with threatening calls, can still be a major inconvenience. Fortunately, there are steps you can take to help put an end to these unwelcome intrusions. Harassing Calls What makes a phone call harassing? When someone calls and uses obscene or threatening language, or even heavy breathing or silence to intimidate you, you are receiving a harassing call. It is against the law in California to make obscene or threatening calls. How often do I have to get these calls to make it harassment? Just one unwelcome call can be harassing; but usually your local phone company will not take action unless the calls are frequent. However, if a call specifically threatens you or your family with bodily harm, the phone company will generally take immediate action. Who should I contact when I get harassing calls? Different phone companies in California have varying policies on whether to call the phone company or the police first. Pacific Bell recommends that you first call the phone company's business office and explain the problem. A representative will connect you with the Pacific Bell "annoyance desk." Other phone companies may require you to file a formal complaint with local law enforcement before they will deal with the matter. To find out what your local phone company's policy is, contact the business office and ask for assistance. What can my local phone company do if I am receiving harassing calls? If the calls are frequent or particularly threatening, the phone company can set up a "trap." With a trap the phone company tries to determine the telephone number from which the harassing calls originate based on the date and time the call came in. You must keep a log noting the time and date the harassing calls are received. Traps are usually set up for no more than two weeks. A new phone company service called Call Trace may also be able to help track down harassing calls. With Call Trace when you receive a harassing call you enter a code on your phone and the call is automatically traced. This is easier than using a trap since the customer does not have to keep a phone log. However, Call Trace technology currently works only within the local calling area. There are fees for Call Trace, and it is not yet available in all areas of California. If the most effective way of determining the number of a harassing caller is with Call Trace, the phone company's annoyance desk may provide this service for no charge. The information collected from Call Trace or from a trap is turned over to law enforcement personnel, not the customer. Law enforcement officers try to put a stop to the harassing calls by either warning or arresting the harasser. With both Call Trace and a trap, your phone conversations are not listened to or recorded by the phone company. Is the phone company always able to solve harassing phone call problems? No. If the person making the calls uses a phone booth or multiple phone numbers, the phone company and law enforcement officials may never get sufficient identification to take further action. In cases like these, changing your phone number might help. Also, you might want to get an unlisted or unpublished number. In addition, the tips listed below for discouraging unwanted calls may be of assistance. Is there anything I can do to stop harassing calls without going to the phone company? Yes. First, simply hang up on the caller. Do not engage in conversation. If that does not work, Pacific Bell suggests that you put a message like this on your answering machine: I'm sorry I/we can't come to the phone right now but you must leave a message. I/we are receiving annoyance calls and Pacific Bell has a trap on this line. If you do not leave a message I/we will assume that you are the annoyance caller and this call will be traced. If you answer the phone and the harassing caller is on the line, Pacific Bell suggests that you say: Operator, this is the call. Then hang up. Or say the word trap, what time it is and the date; then hang up. Other Unwanted Calls What can I do to stop other kinds of unwanted calls? Sometimes calls are annoying but are not serious enough to involve law enforcement as is necessary with either a trap or Call Trace. These might include telemarketing sales calls, wrong numbers, overly aggresive bill collectors and prank calls. There are several steps you can take to discourage such unwanted calls. 1. An answering machine is one of the best ways to limit unwanted calls. Available for as little as $50, an answering machine tapes messages when you are not available and can also be used to screen your calls. Similar to an answering machine, a voice mail service or an answering service can also discourage unwanted calls. Another product on the market is an attachment to the telephone called an "inbound call blocker." It allows only those callers who enter a special numeric code onto their touch-tone phone to ring through to your number. This device is highly effective in preventing unwanted calls. However, you must be certain to give the code to everyone you want to talk to. Even so, you could miss important calls from unexpected sources, like emergency services. 2. In some parts of California, new Custom Calling services are now available from the local phone company which can help limit unwelcome calls. However, before you sign up, look carefully at the services to be certain they will work in your situation and are worth the monthly fee. Note: These new options are available only in some areas of the state, currently the Los Angeles and San Francisco areas. It will be several years before the necessary equipment is installed throughout California. Until then, these Custom Calling services will work only in local calling areas. o Call Block: Your phone can be programmed to reject calls from selected numbers with a service called Call Block (GTE) or Call Screen (Pacific Bell). Instead of ringing on your line, these calls are routed to a recording which tells the caller you will not take the call. With Call Block and Call Screen, you can also program your telephone to reject calls from the number of the last person who called. This allows you to block calls even if you do not know the phone number. Call Block and Call Screen are not foolproof ways to stop unwelcome calls, however. A determined caller can simply move to a different phone number to bypass the block. Also, Call Block and Call Screen do not work on calls from outside your service area. Call Block and Call Screen will not stop these long distance calls. o Special Call Acceptance: In the flip-side of the Call Block idea, GTE offers a service called Special Call Acceptance. With this program you can stop all numbers from ringing except those you specifically program your phone to accept. Up to 12 numbers can be chosen to ring through. All others are routed to a recorded message. Special Call Acceptance can effectively stop unwanted or even harassing phone calls, but it could also delay important or emergency calls. For example, a family member dialing from a pay phone would not reach you. An operator can override the service, but this would cause a delay in receiving the call. Also, calls from outside your service area would ring through, so a telemarketer calling you long distance would not be blocked. o Call Return: This service allows you to call back the number of the last person who called, even if you are unable to answer the phone. Even though you can return the call, you will not be given the phone number. Some people suggest that Call Return can be used to stop harassing callers by allowing you to call the harasser back without knowing the phone number. Use caution with this method of discouraging harassing callers, however, as it could actually aggravate the problem. Privacy tip: Do not include your telephone number on the outgoing message of your answering machine if you wish to keep your number private. By omitting your phone number from your answering machine's message, you prevent random dialers and people with Call Return from capturing this information. 3. Another method of limiting the number of unwanted calls you answer is with a Custom Calling service called Priority Ringing (Pacific Bell) or VIP Ring (GTE). With this option you program your phone to give two different rings. The special ring can be programmed either for calls you want to accept or for calls you do not want to answer. There are ways callers can get around Priority Ringing when it is used as a screening device. If you program your phone for calls you wish to avoid, the person calling could switch phone lines and avoid the distinctive ring. In the opposite case, if you program calls you want to take, you run the risk of missing an important call dialed from a pay phone or another unknown number. Also, as with the other Custom Calling services, this option does not work with calls from outside your local calling area. Can I use Caller ID to stop unwanted calls? Caller ID is a Custom Calling service that the California Public Utilities Commission (PUC) approved in June 1992. However, both Pacific Bell and GTE have decided not to offer the service at this time. With Caller ID, customers who pay a monthly fee and purchase a display device can see the number of the person calling before picking up the phone. While some people believe Caller ID would help reduce harassing or unwelcome calls, others raise strong privacy concerns about the technology since subscribers to the service can capture callers' phone numbers without their consent. To answer these privacy concerns, the Public Utilities Commission has required the phone companies to offer extensive number- blocking options. Because of this and other PUC requirements, phone companies in California have decided not to offer Caller ID. For further information For more information on these and other privacy-related issues, contact the Privacy Rights Clearinghouse hotline at (800) 773-7748. The Clearinghouse offers a free fact sheet on telemarketing that provides tips on reducing the number of telephone sales calls you receive (Fact Sheet No. 5, "Telemarketing: Whatever Happened to a Quiet Evening at Home?"). Your local phone company also has useful privacy information. Call the business office of the phone company which serves your area and ask for more information. The California law regarding harassing calls can be found in California Penal Code section 653m. Issued October 1992 Revised June 1993