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Calif. bill would force carriers to make wireless directory opt-in

WASHINGTON-A bill introduced in the California State Assembly would require mobile-phone carriers to obtain expressed written consent of subscribers in separate contracts before their phone numbers can be shared with the public, further fueling the directory controversy and forcing industry to take a defensive posture on the sensitive privacy issue.

“If the cell-phone industry is allowed to proceed with this plan, the next time you answer your cell phone, you’re just as likely to get somebody selling you carpet cleaning or the next available gadget, as well as a family member that you’re expecting a call from,” said Assembly member Sarah Reyes(D), chairwoman of the Committee on Utilities and Commerce.

Reyes said the wireless industry has assured lawmakers it will not list customers’ numbers in the directory without prior consent of subscribers, but noted consumers already may have agreed to let their phone numbers be listed.

The California lawmaker said most cell-phone contracts include a provision in fine print stipulating that unless the subscriber “makes other arrangements with us and pays any required fee, we may list your name, address and number in a public directory.”

Verizon Wireless said it will not participate in the wireless directory.

Reyes warned that if cell-phone numbers are publicly available, consumers will see cell-phone bills skyrocket because they will not be able to control calls to them.

“Clearly, most of us that have cell phones have that expectation of privacy,” said Assemblyman Lou Correa (D), chairman of the Business and Professions Committee. “You only give out your cell-phone number to your immediate family and to your close friends; so when that cell phone rings, generally you know it’s an important phone call. The expectation is privacy, and because of that, I think this is an important legislative measure.”

The lawmakers said the language of the bill is being amended into legislation pending in the state Senate, and the bill soon should be heard in the Senate Energy, Utilities and Communications Committee.

A similar bill is being advanced by Assembly member Barbara Matthews (D).

The cellular industry said it is committed to safeguarding customers’ privacy, but gave no hint that it plans to back off plans to begin rolling out the wireless directory this fall.

“This legislation is unnecessary. The wireless industry has a long history of protecting consumer privacy,” said Steve Carlson, California legislative counsel for the Cellular Telecommunications & Internet Association.

Carlson added: “Carriers have fought to make telemarketing calls to wireless phones illegal and have designed protections for wireless location information. Wireless phone numbers have not and will not be sold to third parties and will not be published in a printed directory. No person would be listed in a wireless directory without express consent. Protecting consumer privacy has always been a paramount concern of the wireless industry.”

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