Attorney General Greg Zoeller joins 53 other attorneys general asking Congress to oppose legislation targeting consumers’ telephone privacy.
The “Mobile Informational Call Act of 2011†would amend the Communications Act of 1934 and allow for robo-calling to all cell phones, leaving consumers to foot the bill, Zoeller said. For example, debt collectors and other businesses could place automated “informational†calls to cell phones, impacting those who pay by the minute or have a limited number of minutes available.
In addition, since businesses frequently have the wrong contact information, consumers could be getting and paying for repeated robo-calls on their cell phones with respect to accounts that are not their own.
“This letter to Congress sends a very clear message that the consumers in America, represented by their attorneys general, do not want to allow robo-calls to their cell phones – period,†Zoeller said. We hope our representatives in Washington D.C. hear this message loud and clear. H.R. 3035 constitutes an assault on consumers’ privacy and does nothing to add protections, which is the stated purpose of the original Telephone Consumer Protection Act.â€
The attorneys general are asking members of Congress to reject U.S. House Resolution 3035. As chief protectors of consumer rights, many state attorneys general would not be able to enforce their more strict state laws against junk faxes, prerecorded calls or text messages.
This legislation would also narrow the definition of what constitutes an illegal “automatic telephone dialing system.” If passed, the new definition would only prohibit “random or sequential number generators†which means “targeted†calls would be permitted, Zoeller said.
Currently, federal law allows robo-calls to be placed to people who have given their explicit consent to receive them or in case of an emergency. If this federal legislation passes, the law will be expanded to allow businesses to robo-call any consumer who has provided their telephone number in the course of a transaction – regardless if a consumer asks not to be contacted.
In the letter, officials also pointed out that an increase in calls to mobile phones could present a hazard to drivers who may become distracted. A 2009 study by the National Highway Traffic Safety Administration found that cell phone use was involved in 995 or 18 percent of fatalities in distraction-related crashes.
“The Telephone Consumer Protection Act is meant to protect consumers and this bill goes in the wrong direction by opening a pandora’s box – giving businesses carte blanche to make calls to personal cell phones regardless of consumers’ wishes of whether or not to get those calls,†Zoeller said.
The proposal is currently being considered in the U.S. House Committee on Energy and Commerce – the first step in the legislative process. Zoeller joined other consumer advocates in November to provide testimony in opposition to the legislation during a hearing before the U.S. House Subcommittee on Communications and Technology in Washington, D.C..
Citizens can also voice their opinion on the proposal by contacting their representative or by voting on Popvox’s nonpartisan website https://www.popvox.com/bills/us/112/hr3035. Popvox will also forward consumers’ comments to members of Congress.
Those that signed the letter are from: Alabama, Alaska, American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Northern Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virgin Islands, Washington, West Virginia, Wisconsin and Wyoming.