California 2019 2019-2020 Regular Session

California Assembly Bill AB1132 Amended / Bill

Filed 05/16/2019

                    Amended IN  Assembly  May 16, 2019 Amended IN  Assembly  April 24, 2019 Amended IN  Assembly  March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1132Introduced by Assembly Member Gabriel(Coauthors: Assembly Members Obernolte and Santiago)February 21, 2019 An act to add Section 2893.2 to the Public Utilities Code, relating to telecommunications.LEGISLATIVE COUNSEL'S DIGESTAB 1132, as amended, Gabriel. Telecommunications: caller identification fraud.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law, with specified exceptions, directs the commission to require any call identification service offered by a telephone corporation, or by any other person or corporation that makes use of the facilities of a telephone corporation, to allow the caller to withhold, on an individual basis, the display of the callers telephone number from the telephone instrument of the individual receiving the call. However, existing law prohibits a caller from withholding the display of the callers business telephone number when that number is being used for telemarketing purposes.Existing federal law, the Truth in Caller ID Act of 2009, with certain exceptions, makes it unlawful for any person within the United States, in connection with any telecommunications service or internet protocol enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value.This bill would prohibit a caller from entering, or causing to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. The bill would prohibit a person or entity from making a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. The bill would make the violation of these prohibitions subject to a civil penalty of up to $10,000 for each violation. The bill would authorize a city attorney, district attorney, or the Attorney General to bring an action to enforce the bills prohibitions and, if in investigating a complaint over the unlawful use of an automatic dialing announcing device the commission determines that a violation of these prohibitions may have occurred, the bill would require the commission to give notice of the potential violation to the district attorney for the county in which the call was received and to the Attorney General. The bill would provide that its requirements and remedies are in addition to any other applicable law prohibiting the same or similar activity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 2893.2 is added to the Public Utilities Code, to read:2893.2. (a) For purposes of this section, the following terms have the following meanings:(1) Call means the initiation of telecommunications service by accessing a number issued pursuant to the North American Numbering Plan, irrespective of the whether the call is initiated using a traditional landline over the public switched telephone network, using mobile telephony service, or using interconnected VoIP service network.(2) Caller means a person or entity that places a call.(3) Caller identification information, caller identification service, information regarding the origination, and interconnected VoIP Service have the same meanings as defined in Section 64.1600 of Title 47 of the Code of Federal Regulations as of January 1, 2019.(4) Enter means to input data by whatever means into a computer or telephone system.(5) False government information means caller identification information that misrepresents the identity of the caller to the recipient of a call, or to the network itself, by presenting information regarding the origination of the call as being from the state government, a local government, or any agent thereof.(6) Local government means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity in the state.(7) Phone number means an access number issued pursuant to the North American Numbering Plan.(8) Telecommunications and telecommunications service have the same meanings as defined in Section 153 of Title 47 of the United States Code as of January 1, 2019.(b) (1) A caller shall not enter, or cause to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(2) A person or entity may not make a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(c) This section does not apply to any of the following:(1) The blocking of caller identification information.(2) Any law enforcement agency of the federal government or a state or local government.(3) Any intelligence or security agency of the federal government.(4) A telecommunications, broadband, or interconnected VoIP service provider that is acting solely as an intermediary for the transmission of telecommunications service between the caller and the recipient.(d) Any person or entity that violates this section may be enjoined in any court of competent jurisdiction.(e) (1) Any person or entity that knowingly violates this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each violation.(2) An action to enforce this section may be brought by a city attorney, district attorney, or the Attorney General.(3) If during the investigation of a complaint for possible violation of Article 1 (commencing with Section 2871), the commission determines that a violation of this section may have occurred, the commission shall notify both the district attorney of the county where the call was received and the Attorney General of the potential violation.(4) This section shall apply in addition to any other applicable law prohibiting the same or similar activity.

 Amended IN  Assembly  May 16, 2019 Amended IN  Assembly  April 24, 2019 Amended IN  Assembly  March 25, 2019 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 1132Introduced by Assembly Member Gabriel(Coauthors: Assembly Members Obernolte and Santiago)February 21, 2019 An act to add Section 2893.2 to the Public Utilities Code, relating to telecommunications.LEGISLATIVE COUNSEL'S DIGESTAB 1132, as amended, Gabriel. Telecommunications: caller identification fraud.Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law, with specified exceptions, directs the commission to require any call identification service offered by a telephone corporation, or by any other person or corporation that makes use of the facilities of a telephone corporation, to allow the caller to withhold, on an individual basis, the display of the callers telephone number from the telephone instrument of the individual receiving the call. However, existing law prohibits a caller from withholding the display of the callers business telephone number when that number is being used for telemarketing purposes.Existing federal law, the Truth in Caller ID Act of 2009, with certain exceptions, makes it unlawful for any person within the United States, in connection with any telecommunications service or internet protocol enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value.This bill would prohibit a caller from entering, or causing to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. The bill would prohibit a person or entity from making a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. The bill would make the violation of these prohibitions subject to a civil penalty of up to $10,000 for each violation. The bill would authorize a city attorney, district attorney, or the Attorney General to bring an action to enforce the bills prohibitions and, if in investigating a complaint over the unlawful use of an automatic dialing announcing device the commission determines that a violation of these prohibitions may have occurred, the bill would require the commission to give notice of the potential violation to the district attorney for the county in which the call was received and to the Attorney General. The bill would provide that its requirements and remedies are in addition to any other applicable law prohibiting the same or similar activity.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 

 Amended IN  Assembly  May 16, 2019 Amended IN  Assembly  April 24, 2019 Amended IN  Assembly  March 25, 2019

Amended IN  Assembly  May 16, 2019
Amended IN  Assembly  April 24, 2019
Amended IN  Assembly  March 25, 2019

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 1132

Introduced by Assembly Member Gabriel(Coauthors: Assembly Members Obernolte and Santiago)February 21, 2019

Introduced by Assembly Member Gabriel(Coauthors: Assembly Members Obernolte and Santiago)
February 21, 2019

 An act to add Section 2893.2 to the Public Utilities Code, relating to telecommunications.

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 1132, as amended, Gabriel. Telecommunications: caller identification fraud.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law, with specified exceptions, directs the commission to require any call identification service offered by a telephone corporation, or by any other person or corporation that makes use of the facilities of a telephone corporation, to allow the caller to withhold, on an individual basis, the display of the callers telephone number from the telephone instrument of the individual receiving the call. However, existing law prohibits a caller from withholding the display of the callers business telephone number when that number is being used for telemarketing purposes.Existing federal law, the Truth in Caller ID Act of 2009, with certain exceptions, makes it unlawful for any person within the United States, in connection with any telecommunications service or internet protocol enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value.This bill would prohibit a caller from entering, or causing to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. The bill would prohibit a person or entity from making a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. The bill would make the violation of these prohibitions subject to a civil penalty of up to $10,000 for each violation. The bill would authorize a city attorney, district attorney, or the Attorney General to bring an action to enforce the bills prohibitions and, if in investigating a complaint over the unlawful use of an automatic dialing announcing device the commission determines that a violation of these prohibitions may have occurred, the bill would require the commission to give notice of the potential violation to the district attorney for the county in which the call was received and to the Attorney General. The bill would provide that its requirements and remedies are in addition to any other applicable law prohibiting the same or similar activity.

Under existing law, the Public Utilities Commission has regulatory authority over public utilities, including telephone corporations. Existing law, with specified exceptions, directs the commission to require any call identification service offered by a telephone corporation, or by any other person or corporation that makes use of the facilities of a telephone corporation, to allow the caller to withhold, on an individual basis, the display of the callers telephone number from the telephone instrument of the individual receiving the call. However, existing law prohibits a caller from withholding the display of the callers business telephone number when that number is being used for telemarketing purposes.

Existing federal law, the Truth in Caller ID Act of 2009, with certain exceptions, makes it unlawful for any person within the United States, in connection with any telecommunications service or internet protocol enabled voice service, to cause any caller identification service to knowingly transmit misleading or inaccurate caller identification information with the intent to defraud, cause harm, or wrongfully obtain anything of value.

This bill would prohibit a caller from entering, or causing to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. The bill would prohibit a person or entity from making a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call. The bill would make the violation of these prohibitions subject to a civil penalty of up to $10,000 for each violation. The bill would authorize a city attorney, district attorney, or the Attorney General to bring an action to enforce the bills prohibitions and, if in investigating a complaint over the unlawful use of an automatic dialing announcing device the commission determines that a violation of these prohibitions may have occurred, the bill would require the commission to give notice of the potential violation to the district attorney for the county in which the call was received and to the Attorney General. The bill would provide that its requirements and remedies are in addition to any other applicable law prohibiting the same or similar activity.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 2893.2 is added to the Public Utilities Code, to read:2893.2. (a) For purposes of this section, the following terms have the following meanings:(1) Call means the initiation of telecommunications service by accessing a number issued pursuant to the North American Numbering Plan, irrespective of the whether the call is initiated using a traditional landline over the public switched telephone network, using mobile telephony service, or using interconnected VoIP service network.(2) Caller means a person or entity that places a call.(3) Caller identification information, caller identification service, information regarding the origination, and interconnected VoIP Service have the same meanings as defined in Section 64.1600 of Title 47 of the Code of Federal Regulations as of January 1, 2019.(4) Enter means to input data by whatever means into a computer or telephone system.(5) False government information means caller identification information that misrepresents the identity of the caller to the recipient of a call, or to the network itself, by presenting information regarding the origination of the call as being from the state government, a local government, or any agent thereof.(6) Local government means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity in the state.(7) Phone number means an access number issued pursuant to the North American Numbering Plan.(8) Telecommunications and telecommunications service have the same meanings as defined in Section 153 of Title 47 of the United States Code as of January 1, 2019.(b) (1) A caller shall not enter, or cause to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(2) A person or entity may not make a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(c) This section does not apply to any of the following:(1) The blocking of caller identification information.(2) Any law enforcement agency of the federal government or a state or local government.(3) Any intelligence or security agency of the federal government.(4) A telecommunications, broadband, or interconnected VoIP service provider that is acting solely as an intermediary for the transmission of telecommunications service between the caller and the recipient.(d) Any person or entity that violates this section may be enjoined in any court of competent jurisdiction.(e) (1) Any person or entity that knowingly violates this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each violation.(2) An action to enforce this section may be brought by a city attorney, district attorney, or the Attorney General.(3) If during the investigation of a complaint for possible violation of Article 1 (commencing with Section 2871), the commission determines that a violation of this section may have occurred, the commission shall notify both the district attorney of the county where the call was received and the Attorney General of the potential violation.(4) This section shall apply in addition to any other applicable law prohibiting the same or similar activity.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 2893.2 is added to the Public Utilities Code, to read:2893.2. (a) For purposes of this section, the following terms have the following meanings:(1) Call means the initiation of telecommunications service by accessing a number issued pursuant to the North American Numbering Plan, irrespective of the whether the call is initiated using a traditional landline over the public switched telephone network, using mobile telephony service, or using interconnected VoIP service network.(2) Caller means a person or entity that places a call.(3) Caller identification information, caller identification service, information regarding the origination, and interconnected VoIP Service have the same meanings as defined in Section 64.1600 of Title 47 of the Code of Federal Regulations as of January 1, 2019.(4) Enter means to input data by whatever means into a computer or telephone system.(5) False government information means caller identification information that misrepresents the identity of the caller to the recipient of a call, or to the network itself, by presenting information regarding the origination of the call as being from the state government, a local government, or any agent thereof.(6) Local government means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity in the state.(7) Phone number means an access number issued pursuant to the North American Numbering Plan.(8) Telecommunications and telecommunications service have the same meanings as defined in Section 153 of Title 47 of the United States Code as of January 1, 2019.(b) (1) A caller shall not enter, or cause to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(2) A person or entity may not make a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(c) This section does not apply to any of the following:(1) The blocking of caller identification information.(2) Any law enforcement agency of the federal government or a state or local government.(3) Any intelligence or security agency of the federal government.(4) A telecommunications, broadband, or interconnected VoIP service provider that is acting solely as an intermediary for the transmission of telecommunications service between the caller and the recipient.(d) Any person or entity that violates this section may be enjoined in any court of competent jurisdiction.(e) (1) Any person or entity that knowingly violates this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each violation.(2) An action to enforce this section may be brought by a city attorney, district attorney, or the Attorney General.(3) If during the investigation of a complaint for possible violation of Article 1 (commencing with Section 2871), the commission determines that a violation of this section may have occurred, the commission shall notify both the district attorney of the county where the call was received and the Attorney General of the potential violation.(4) This section shall apply in addition to any other applicable law prohibiting the same or similar activity.

SECTION 1. Section 2893.2 is added to the Public Utilities Code, to read:

### SECTION 1.

2893.2. (a) For purposes of this section, the following terms have the following meanings:(1) Call means the initiation of telecommunications service by accessing a number issued pursuant to the North American Numbering Plan, irrespective of the whether the call is initiated using a traditional landline over the public switched telephone network, using mobile telephony service, or using interconnected VoIP service network.(2) Caller means a person or entity that places a call.(3) Caller identification information, caller identification service, information regarding the origination, and interconnected VoIP Service have the same meanings as defined in Section 64.1600 of Title 47 of the Code of Federal Regulations as of January 1, 2019.(4) Enter means to input data by whatever means into a computer or telephone system.(5) False government information means caller identification information that misrepresents the identity of the caller to the recipient of a call, or to the network itself, by presenting information regarding the origination of the call as being from the state government, a local government, or any agent thereof.(6) Local government means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity in the state.(7) Phone number means an access number issued pursuant to the North American Numbering Plan.(8) Telecommunications and telecommunications service have the same meanings as defined in Section 153 of Title 47 of the United States Code as of January 1, 2019.(b) (1) A caller shall not enter, or cause to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(2) A person or entity may not make a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(c) This section does not apply to any of the following:(1) The blocking of caller identification information.(2) Any law enforcement agency of the federal government or a state or local government.(3) Any intelligence or security agency of the federal government.(4) A telecommunications, broadband, or interconnected VoIP service provider that is acting solely as an intermediary for the transmission of telecommunications service between the caller and the recipient.(d) Any person or entity that violates this section may be enjoined in any court of competent jurisdiction.(e) (1) Any person or entity that knowingly violates this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each violation.(2) An action to enforce this section may be brought by a city attorney, district attorney, or the Attorney General.(3) If during the investigation of a complaint for possible violation of Article 1 (commencing with Section 2871), the commission determines that a violation of this section may have occurred, the commission shall notify both the district attorney of the county where the call was received and the Attorney General of the potential violation.(4) This section shall apply in addition to any other applicable law prohibiting the same or similar activity.

2893.2. (a) For purposes of this section, the following terms have the following meanings:(1) Call means the initiation of telecommunications service by accessing a number issued pursuant to the North American Numbering Plan, irrespective of the whether the call is initiated using a traditional landline over the public switched telephone network, using mobile telephony service, or using interconnected VoIP service network.(2) Caller means a person or entity that places a call.(3) Caller identification information, caller identification service, information regarding the origination, and interconnected VoIP Service have the same meanings as defined in Section 64.1600 of Title 47 of the Code of Federal Regulations as of January 1, 2019.(4) Enter means to input data by whatever means into a computer or telephone system.(5) False government information means caller identification information that misrepresents the identity of the caller to the recipient of a call, or to the network itself, by presenting information regarding the origination of the call as being from the state government, a local government, or any agent thereof.(6) Local government means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity in the state.(7) Phone number means an access number issued pursuant to the North American Numbering Plan.(8) Telecommunications and telecommunications service have the same meanings as defined in Section 153 of Title 47 of the United States Code as of January 1, 2019.(b) (1) A caller shall not enter, or cause to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(2) A person or entity may not make a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(c) This section does not apply to any of the following:(1) The blocking of caller identification information.(2) Any law enforcement agency of the federal government or a state or local government.(3) Any intelligence or security agency of the federal government.(4) A telecommunications, broadband, or interconnected VoIP service provider that is acting solely as an intermediary for the transmission of telecommunications service between the caller and the recipient.(d) Any person or entity that violates this section may be enjoined in any court of competent jurisdiction.(e) (1) Any person or entity that knowingly violates this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each violation.(2) An action to enforce this section may be brought by a city attorney, district attorney, or the Attorney General.(3) If during the investigation of a complaint for possible violation of Article 1 (commencing with Section 2871), the commission determines that a violation of this section may have occurred, the commission shall notify both the district attorney of the county where the call was received and the Attorney General of the potential violation.(4) This section shall apply in addition to any other applicable law prohibiting the same or similar activity.

2893.2. (a) For purposes of this section, the following terms have the following meanings:(1) Call means the initiation of telecommunications service by accessing a number issued pursuant to the North American Numbering Plan, irrespective of the whether the call is initiated using a traditional landline over the public switched telephone network, using mobile telephony service, or using interconnected VoIP service network.(2) Caller means a person or entity that places a call.(3) Caller identification information, caller identification service, information regarding the origination, and interconnected VoIP Service have the same meanings as defined in Section 64.1600 of Title 47 of the Code of Federal Regulations as of January 1, 2019.(4) Enter means to input data by whatever means into a computer or telephone system.(5) False government information means caller identification information that misrepresents the identity of the caller to the recipient of a call, or to the network itself, by presenting information regarding the origination of the call as being from the state government, a local government, or any agent thereof.(6) Local government means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity in the state.(7) Phone number means an access number issued pursuant to the North American Numbering Plan.(8) Telecommunications and telecommunications service have the same meanings as defined in Section 153 of Title 47 of the United States Code as of January 1, 2019.(b) (1) A caller shall not enter, or cause to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(2) A person or entity may not make a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.(c) This section does not apply to any of the following:(1) The blocking of caller identification information.(2) Any law enforcement agency of the federal government or a state or local government.(3) Any intelligence or security agency of the federal government.(4) A telecommunications, broadband, or interconnected VoIP service provider that is acting solely as an intermediary for the transmission of telecommunications service between the caller and the recipient.(d) Any person or entity that violates this section may be enjoined in any court of competent jurisdiction.(e) (1) Any person or entity that knowingly violates this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each violation.(2) An action to enforce this section may be brought by a city attorney, district attorney, or the Attorney General.(3) If during the investigation of a complaint for possible violation of Article 1 (commencing with Section 2871), the commission determines that a violation of this section may have occurred, the commission shall notify both the district attorney of the county where the call was received and the Attorney General of the potential violation.(4) This section shall apply in addition to any other applicable law prohibiting the same or similar activity.



2893.2. (a) For purposes of this section, the following terms have the following meanings:

(1) Call means the initiation of telecommunications service by accessing a number issued pursuant to the North American Numbering Plan, irrespective of the whether the call is initiated using a traditional landline over the public switched telephone network, using mobile telephony service, or using interconnected VoIP service network.

(2) Caller means a person or entity that places a call.

(3) Caller identification information, caller identification service, information regarding the origination, and interconnected VoIP Service have the same meanings as defined in Section 64.1600 of Title 47 of the Code of Federal Regulations as of January 1, 2019.

(4) Enter means to input data by whatever means into a computer or telephone system.

(5) False government information means caller identification information that misrepresents the identity of the caller to the recipient of a call, or to the network itself, by presenting information regarding the origination of the call as being from the state government, a local government, or any agent thereof.

(6) Local government means any city, city and county, county, public district, public corporation, authority, agency, board, commission, or other public entity in the state.

(7) Phone number means an access number issued pursuant to the North American Numbering Plan.

(8) Telecommunications and telecommunications service have the same meanings as defined in Section 153 of Title 47 of the United States Code as of January 1, 2019.

(b) (1) A caller shall not enter, or cause to be entered, false government information into a caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.

(2) A person or entity may not make a call knowing that false government information was entered into the caller identification system with the intent to mislead, cause harm, deceive, or defraud the recipient of the call.

(c) This section does not apply to any of the following:

(1) The blocking of caller identification information.

(2) Any law enforcement agency of the federal government or a state or local government.

(3) Any intelligence or security agency of the federal government.

(4) A telecommunications, broadband, or interconnected VoIP service provider that is acting solely as an intermediary for the transmission of telecommunications service between the caller and the recipient.

(d) Any person or entity that violates this section may be enjoined in any court of competent jurisdiction.

(e) (1) Any person or entity that knowingly violates this section shall be subject to a civil penalty of up to ten thousand dollars ($10,000) for each violation.

(2) An action to enforce this section may be brought by a city attorney, district attorney, or the Attorney General.

(3) If during the investigation of a complaint for possible violation of Article 1 (commencing with Section 2871), the commission determines that a violation of this section may have occurred, the commission shall notify both the district attorney of the county where the call was received and the Attorney General of the potential violation.

(4) This section shall apply in addition to any other applicable law prohibiting the same or similar activity.