Pretexting for Telephone Records One Step Closer to Becoming a Federal Crime

By Jimmie Mesis 

It may soon become a federal crime to obtain a person’s telephone records. The Senate made that possible Friday night when they approved legislation similar to a bill passed by the House 

The Senate bill increases the proposed fine to $500,000 and includes imprisonment up to 10 years in cases involving domestic abuse. The penalties can even be greater if classified as a special circumstance. The bill also details penalties and prison time for anyone who buys or sells the deceptively acquired phone records. The caveat is that those involved must know the records were obtained deceptively.

This legislation specifically addresses the act of ‘pretexting’ to obtain a person’s telephone records without permission.

As expected, there is an exemption for law enforcement. However, there is also an exemption for private detectives, but only if they are hired to acquire the confidential records by law enforcement.