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Telephone Records and Privacy Protection Act of 2006
Telephone Records and Privacy Protection Act of 2006 - Amends the federal criminal code to prohibit the obtaining, in interstate or foreign commerce, of confidential phone records information from a telecommunications carrier or IP-enabled voice service provider (covered entity) by: (1) making false or fraudulent statements to an employee of a covered entity or to a customer of a covered entity; (2) providing false or fraudulent documents to a covered entity; or (3) accessing customer accounts of a covered entity through the Internet or by fraudulent computer-related activities without prior authorization. Imposes a fine and/or imprisonment of up to 10 years.

Prohibits the unauthorized sale or transfer, in interstate or foreign commerce, of confidential phone records information by any person or the purchase or receipt of such information with knowledge that it was fraudulently obtained or obtained without prior authorization. Imposes a fine and/or imprisonment of up to 10 years. Exempts covered entities from such restrictions to the extent authorized by the Communications Act of 1934 (e.g., for billing, protection of property rights, or for emergency purposes).

Doubles fines and imposes an additional five-year prison term for violations occurring in a 12-month period involving more than $100,000 or more than 50 customers of a covered entity. Imposes an additional five-year prison term for violations involving the use of confidential phone records information to commit crimes of violence, crimes of domestic violence, and crimes against law enforcement officials and the administration of justice.

Grants extraterritorial jurisdiction over crimes defined by this Act.

Exempts lawfully authorized federal or state investigative, protective, or intelligence activities from the prohibitions of this Act.

Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines and policy statements for crimes defined by this Act.

In layman's terms: You cannot misrepresent yourself (or lie) to either a provider of telephone service, or to a customer of a telephone service. You get 10 years at the hotel Fed if you are convicted of doing so. Accessing someone elses phone records through the internet without the consumers prior authorization will also get you 10 years. Selling or purchasing a consumer's phone records is also a violation of the law.

The penalties for breaking this law are substantial. Good thing the law is not retroactive or many skip tracers would be facing life in prison. Most skip tracers have completely abandoned using telephone toll records or phone breaks as a means of skip tracing. Fortunately, there are still many other ways to hunt a skip. Clearly your other utility companies: natural gas, electric, and water are not covered by the Telephone Records and Privacy Protection Act of 2006.

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Reverse Phone Searches and Phone Breaks
A phone break is the how a skip tracer takes a phone number and determines the exact address the phone number rings at. There are many techniques to break a phone number, some of them are legal, and some of them are not. We will include information on the legality of each technique that is described.

We are not condoning the use of the illegal techniques, we are attempting to educate the repossession community as to what phone break techniques are legal, and what phone break techniques are illegal.

Why do repossession companies need phone breaks? Many repossessors use a caller ID trap line to help locate skips they are trying to repossess. So the repossessor is left with the skips phone number. They need to find out where the phone rings at so that the repossessor can go repossess the bank's car.

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Phone Break Tip 1
Many times a repossessor will have a phone number for their skip and need the address that phone number rings at. This is called a "Phone Break" or a "Phone Reverse Search"

If you dial 00 on your phone you will get a long distance operator, tell them you want a reverse listing for the phone number you are trying to break. If the phone number is a listed phone number, the operator will give you the name and address for that phone number. Then you can repossess the car you are skip tracing.

This is a legal way for a repossessor to break a phone number.

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Phone Break Tip 2
Be Advised, It would be illegal to call up the phone number you are trying to break and tell them that you are the are a repairman working for the phone company. Explaining that a truck hit a telephone poll and you are repairing the phone lines. Ask them if their phone number is xxx-xxx-xxxx. Change the last 2 digits from their phone number to some other number. They should correct you and give you their phone number. You would then say that you see that line here also. Ask them what address that number is supposed to ring at. 9 out of 10 times they will give you their address.

Remember, it would be illegal for a repossessor to make a call like that.

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Phone Break Tip 3
There are many websites that offer free online reverse phone searches. Here is a listing of some of the more accurate directories on the internet. These are all legal ways for a repossessor to break a telephone number.

411

Reverse Address

Yellow Pages

These are just a few of the many web sites that offer free reverse telephone listings.

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Send Us Your Phone Break Secrets
Please e-mail us any phone break tips or phone break secrets that you would like to share with your fellow repossessors.


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