Pam Bondi, FL AG: 54 AGs Oppose H.R. 3035: Mobile Informational Call Act of 2011- Robo-Calls to Cell Phones

January 2, 2012

Fifty four state and territorial attorneys general are asking Congress to oppose legislation targeting consumers’ telephone privacy. The “Mobile Informational Call Act of 2011” [H.R. 3035] would amend the Communications Act of 1934 and allow for robo-calling to all cell phones, leaving consumers responsible for the cost. 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.

Florida Attorney General Pam Bondi

In addition, since businesses frequently have the wrong contact information, consumers could be getting and paying for repeated robo-calls on their cell phones to accounts that are not their own.

“This bill blatantly violates a person’s telephone privacy and could cause unwarranted charges to a person’s telephone bill. I will continue to fight for consumers’ rights,” stated Attorney General Pam Bondi.

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.

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 proposal is currently being considered in the U.S. House Committee on Energy and Commerce – the first step in the legislative process. Indiana Attorney General Greg 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.