Prank calling, also known as crank calling, involves making phone calls and trying to trick the recipient as a practical joke. While prank calls can sometimes be harmless fun between friends, they can also cross the line and become harassment or break laws. So is prank calling actually illegal in the United States?
The short answer is that some types of prank calls are illegal, while others are not. Specifically, prank calls that are threatening, obscene, harassing, or made repeatedly can potentially violate state or federal laws. However, a one-time prank call made in good fun is generally not illegal in itself.
Much depends on the nature and content of the call, the relationship between the caller and recipient, and whether a pattern of unwanted calls establishes harassment. Prank calling laws also vary somewhat between different states.
With the rise of caller ID spoofing services, it has become easier for prank callers to disguise their identities and anonymously harass or threaten others. Spoofing phone numbers to send threatening messages or distress victims is a clear violation of federal and state laws.
Federal laws related to prank calling
At the federal level, prank phone calls may potentially violate these laws:
The Telephone Consumer Protection Act (TCPA)
The TCPA prohibits almost all robocalls and the use of automatic dialing systems to cell phones without prior consent. Under the TCPA, it is illegal to call a cell phone using an autodialer or leaving prerecorded messages without permission. Fines under the TCPA can be $500 to $1500 per call.
While the TCPA does not directly prohibit prank calls, it applies to robocall prank calls or those made through autodialing. If a large number of prank calls are made this way, the TCPA may apply.
The Truth in Caller ID Act
This federal law specifically prohibits spoofing caller ID information to disguise the identity of the caller. The law applies to individuals as well as companies.
Caller ID spoofing violates this law when done to defraud, cause harm, or wrongfully obtain anything of value. Under the Truth in Caller ID Act, first time offenders may face fines up to $10,000.
Using caller ID spoofing to prank call people or threaten/harass them is illegal under this law. Apps and services cannot provide spoofing services intended for these purposes.
The Interstate Communications Act
Under Section 223 of the Communications Act, it is a federal crime to make obscene or harassing interstate phone calls. It is also illegal under this law to make interstate calls without disclosing your identity to the recipient with the intent to abuse, threaten, or harass them.
Prank calls containing obscene, indecent, or threatening content may violate this law when made across state lines. Repeat prank calls intended to harass or frighten the recipient can also break this federal law.
State harassment laws
Many states have harassment laws which prohibit using a phone or electronic device in a manner intended to abuse, threaten, intimidate or harass another person. Though specific provisions vary, most states make it a crime to make repeated unwanted communications or contact someone after being asked to stop.
Prank calls that cross over into harassment territory by continually distressing or threatening the recipient may qualify. The relationship between caller and recipient also matters, with calls from strangers or acquaintances more likely to be unlawful harassment compared to close friends.
State telecommunications laws
Some states have telecommunications or wiretapping laws that more specifically prohibit making threatening, annoying, harassing or obscene phone calls. For example, California’s Penal Code Section 653m prohibits calling another person with the intent to annoy or harass, whether or not conversation takes place.
State laws like this may categorize some types of prank calls, especially repeated ones, as criminal offenses. However, singular prank calls are unlikely to qualify without a clear pattern of unwanted harassment.
What makes a prank call illegal?
As the above laws demonstrate, legality largely depends on the nature and intent behind the prank call. There are a few key factors that can turn a prank call into an illegal act:
Contents of the call
Prank calls that involve threats, obscenities, racial slurs, intimidation, revealing personal information, or implication of violence can violate state and federal laws. Even singular calls with illegal contents can potentially prompt criminal charges.
Intent to harass
It becomes illegal when repeated prank calls demonstrate a pattern of harassment and intent to annoy, abuse or frighten the recipient. One innocent prank is unlikely to qualify, but repeatedly targeting someone with distressing or frightening calls can qualify as harassment.
Spoofing
Purposely falsifying your caller ID information to disguise identity and make threatening, harassing, or obscene prank calls is illegal under federal law. Spoofing to facilitate a dangerous prank is unlawful, especially when the intent is to harm, defraud or threaten.
Recipient did not consent
Prank calling random strangers or acquaintances who have not consented is more likely to cause distress and be unlawful. Close friends who voluntarily participate in mutual pranking are far less likely to claim harassment.
Age of recipient
Targeting minors with prank calls is often viewed as bullying and may prompt quicker legal action, especially if contents are obscene, threatening or distressing.
Defenses against prank call charges
For those rare cases when an otherwise lawful prank leads to legal trouble, there are some possible defenses to fight the charges:
Lack of intent
If there is no evidence you intended to harass, annoy, threaten or frighten the recipient, showing the call was a harmless one-time prank made in jest can defeat claims of intent required for conviction under most state laws. Lack of intent is key to demonstrating the call was not criminal harassment.
Consent
Those accused of unlawful prank calling can defend the charges by showing the recipient knowingly consented and voluntarily participated in mutual prank calls. For example, prank wars between friends or prank calling volunteers demonstrate consent to receive prank calls.
False accusations
When falsely accused of making prohibited prank calls, the best defense is to deny ever making the calls. Phone record evidence and alibi witnesses can prove accusations false. Lack of direct evidence you called will defeat charges.
Misidentification
If you have been wrongly identified as the caller, you can avoid liability. Raising doubt by proving you were not in the area at the time of the call and do not own the phone number used places suspicion elsewhere.
Violation of rights
In rare cases, arguing an assertion of your rights was improperly denied could potentially challenge accusations. For example, arguments around free speech rights, improper evidence collection, or profiling may occasionally succeed. Such defenses are complex and benefit from experienced legal counsel.
Penalties for illegal prank calls
Those convicted of making unlawful prank calls can face serious criminal, financial and civil penalties under federal and state laws, including:
Criminal charges
Illegal prank calls can prompt misdemeanor or felony charges depending on the law violated, recipient’s age, extent of damages, and criminal history of the defendant.
Possible prank call criminal charges can include:
– Harassment
– Cyberbullying
– Stalking
– Telecommunications abuse
– Wiretapping
– Identity theft
– Cybercrime
– Menacing
– Disorderly conduct
Felony convictions can result in steep fines and over a year in prison. Even misdemeanor convictions can involve fines up to $4,000 and jail time up to one year.
Financial penalties
Financial damages can include:
– Statutory fines and penalties ranging from $500 to $10,000 under federal and state laws
– Civil lawsuit damages
– Restitution payments to impacted victims
– Legal fees and court costs
Large robocall violations under the TCPA can prompt fines up to $10,000 per call.
Civil judgments
Recipients who sue over unlawful prank calls may be awarded money damages for:
– Emotional distress
– Lost wages
– Medical bills
– Cost of changing phone number
– Legal expenses
Damages can range from thousands to millions based on harm suffered.
Juvenile consequences
Minors who make illegal prank calls may face:
– Community service
– Counseling or treatment programs
– Restricted phone access
– Probation and juvenile detention
Juvenile records are usually sealed and expunged when turning 18 if no repeat offenses occur.
School discipline
For calls involving minor students, even if not criminally charged, their school may impose:
– Suspension
– Expulsion
– Loss of privileges
– Education programs
Colleges and universities handle student prank call incidents through their disciplinary processes.
Recent prank call criminal cases
Here are some notable recent cases where prank calls prompted criminal charges and penalties:
Missouri man sentenced on felony harassment charges
In August 2022, a Missouri man was sentenced to four years in prison after making repeated harassing and vulgar prank calls to a former colleague. He was convicted on felony charges of aggravated harassment. Authorities located the man by tracing calls made through a spoofing app.
Texas teen sentenced for online prank calls
A Texas teenager pleaded guilty in 2021 to online harassment and stalking charges for a prank calling website he created. The site allowed visitors to select victims to prank call online. The teen was sentenced to 5 years probation and ordered to pay $36,000 in restitution.
Telemarketers pay millions for illegal spoofed robocalls
In 2020, two large telemarketing companies agreed to pay a combined $5.5 million to settle FCC charges over making millions of robocalls using spoofed caller ID numbers. The robocalls featured prank calls along with scam and illegal telemarketing calls.
California man sentenced to prison for threatening calls
A man was sentenced to two years in prison after pleading guilty to making a series of threatening spoofed prank calls to law enforcement agencies in California. Calls featured threats to shoot police officers and detonate explosives.
New York woman sued Bank of America after prank calls
A New York doctor sued Bank of America in 2018 alleging distress from repeated harassing prank calls which the bank failed to stop. The caller spoofed the bank’s phone number and referenced the woman’s personal financial information during vulgar calls. She was awarded $5.5 million in damages by a jury.
How companies try to stop illegal prank calls
Telecommunications providers, phone carriers and app makers are under growing pressure to protect customers from unlawful prank calls. Here is what some companies are doing:
Call blocking and labeling
Carriers like AT&T, Verizon and T-Mobile offer free caller ID services that block or label likely spam and robocalls before they reach customers. Available on many smartphones, these services use algorithms and community feedback to predict and stop unwanted calls.
Removing spoofing apps
After the Missouri man’s spoofing app use led to prison, the major app stores pulled several popular caller ID spoofing apps over illegal use concerns. Google Play and Apple App Store stepped up efforts to ban apps enabling illegal spam and prank calls.
Cooperating with law enforcement
Phone companies are working with police and prosecutors by tracing call records and providing evidence to go after illegal robocallers and harassing callers more aggressively. The FCC also pushes telecoms to pursue call tracing and blockage efforts.
Allowing call blocking by default
The Federal Communications Commission ruled in 2020 that phone companies can enroll customers in robocall-blocking services by default, without needing their opt-in approval. This move aims to expand use of call-blocking technology and reduce unwanted, illegal calls.
Strengthening caller ID authentication
The telecom industry is slowly rolling out Stir/Shaken technology designed to verify Caller ID information and reduce spoofing. Implementing this caller authentication system across all networks could help law enforcement trace illegal spoofed prank calls.
Protect yourself from illegal prank calls
You can better protect yourself against unlawful prank calls by:
Using a call blocking app
Apps like Nomorobo, YouMail and Robokiller use advanced call screening to detect and block likely scams and harassment calls. Enable them on your smartphone and home landlines.
Screen unknown numbers
Let unrecognized numbers go to voicemail and research them online first before calling back. This avoids answering live prank calls.
Hang up and notify authorities
If you answer and realize it’s an threatening, harassing or obscene prank call, hang up immediately. Report concerning calls to your local police and the FCC.
Ask to be added to a Do Not Call list
Register your number on the National Do Not Call Registry to reduce legal telemarketing calls. Report violators. Also request businesses and organizations do not call you if contacted.
Never provide personal information
Do not engage with any questionable calls. Never provide personal or financial details which could be used against you in future prank calls.
Change your number if needed
If you become the victim of repeated distressing prank calls, changing your phone number stops the unwanted contact. Make the new number unlisted.
Use spoofing detection apps
Apps like TrapCall can help determine if an incoming call is using a spoofed number, protecting you from unknown callers pretending to be someone else.
The future of prank call laws
Authorities continue to struggle balancing free speech rights with growing demands to curb illegal and abusive prank calls. Several key developments may shape laws in future years:
Expanding federal prohibitions
The Telephone Harassment and Abuse Act was proposed in 2021 to update the Communications Act and expressly prohibit spoofing with intent to “harass, alarm or annoy.” Congressional efforts to expand federal prank call laws are likely to continue.
Tougher enforcement
The FCC and prosecutors are under pressure to bring more charges against illegal robocalling operations behind massive scam and abusive calling campaigns. Potentially charging prank callers under federal racketeering laws could provide harsher penalties.
Cracking down on spoofing
Authorities are focused on spoofing as the key enabler of anonymous threatening prank calls. Ramping up spoofing restrictions and call authentication could deter unlawful prank calling in coming years.
New tech-based solutions
Advances in call analytics, blocking, and tracing show promise to give users more tools to recognize and stop illegal calls before they disrupt lives. As protections expand, prank call risks may diminish.
Overblocking concerns
Consumer advocates caution that in the rush to stop unwanted calls, overzealous tools and rules could deprive legitimate callers of the ability to contact the intended party. Expect ongoing debates around balancing prank call prevention with maintaining accessible communication.
The bottom line on prank call laws
Prank calling someone you know well who voluntarily finds amusement in the joke is perfectly legal. But making threatening, harassing, obscene or repeated unwanted calls crosses into illegality, especially when spoofing caller ID.
If charged criminally for a prank call, never ignore the accusations. Seek experienced legal counsel to protect your rights. A skilled attorney may get charges reduced or dropped by raising doubts on evidence and intent.
Ultimately, the best way to avoid legal risks from prank calls is sticking to harmless fun between consenting friends. Prank responsibly.