Prank Calling Considered legal?

There is nothing illegal about sending a pre-recorded message to a phone number of your choice. However, as with any telecommunications service, it is illegal to use easyprank’s services for the purpose of harassing or harming anyone. It is also a violation of our Terms of Service to use easyprank for such purposes and anyone violating those terms is immediately barred from using our services and will be liable to us for any resulting damages. easyprank uses the utmost caution in crafting pre-recorded messages that are funny yet benign. easyprank also limits prank calls after 9PM by not giving free users access to the service after that time.

What About Caller ID spoofing. Is it legal?

The Federal Communications Commission regulations implementing the Truth in Caller ID Act of 2009 prohibit the transmission of misleading or inaccurate Caller ID information with the intent to defraud, cause harm, or wrongfully obtain anything of value. easyprank, in particular, sends pre-recorded messages to recipients and has 100% creative control as to the content of these messages. We guarantee the content of the messages are not intended to defraud, cause harm, or wrongfully obtain anything of value. Since the user of easyprank’s services has no control as to the content of the call, we feel it is unlikely they will be able to use our services to violate the Truth in Caller ID Act of 2009. Additionally, caller id spoofing with the intent to defraud, cause harm, or wrongfully obtain anything of value is in direct violation of easyprank’s Terms of Service.

Can I record calls?

Under the Electronic Communications Privacy Act, 18 U.S.C. § 2511(2)(d), it is permissible to record any telephone conversation with the consent of one of the parties. easyprank considers the person initiating the call as the consenting party (they must check off a box agreeing to record the call). By attaining this consent, easyprank is able to record calls in all single party consent states. However, there are some states that require the consent of all of the parties on the call in order to record the telephone conversation. It is in violation of easyprank’s Terms of Service to record calls in these states (CA, PA, FL, IL, MI, WA, MD, CT, NV, NH or MT).

Am I allowed to share recordings across the web?

In order to share pranks publicly, easyprank requires the person sharing the prank to obtain a “Recording Release and License” from all participants on the call. The person sharing also indemnifies easyprank through our Terms of Services from any and all claims resulting from their actions.

Is it ok for you to use celebrity impersonations?

Absolutely! Since easyprank’s use of the celebrity’s name and likeness does not propose a particular commercial transaction, it is likely to be free from liability. The First Amendment also provides a strong countervailing defense allowing use of a trademark for parodic purposes. To the extent a given impersonation is found to have that parodic intent of targeting some criticism at the impersonated celebrity, it would help to offset any risks of potential infringement. Additionally, fictional characters are copyrightable if they have been given sufficiently particular expression. However, it is unlikely that the voice elements of a character would be necessarily infringed by an impersonation, because of the difficulties involved in proving a valid copyright in a particular vocal style.