Bill Would Limit Telemarketer Calls to Cell Phones

September 21, 2004
The Senate Commerce Committee is holding hearings on legislation that, in effect, would turn your cell phone number into an "unlisted" number, sparing you from countless telemarketing calls.

If enacted, wireless phone users could prevent their numbers from being listed in a nationwide wireless directory to be published by the end of the year.

The bill, the Wireless 411 Privacy Act, would not stop a consortium of cellular and Internet companies from producing and selling the directory, but would allow the 163 million wireless phone consumers in the U.S. to "opt out" of the directory, in effect keeping their number unlisted.

"Most people are not in favor of the directory,'' said Rep. Joe Pitts, (R-PA), a co-sponsor of the legislation. "They consider their cell phone's number private."

Residential telephone consumers currently pay a fee to have an unlisted number, but the Wireless 411 Privacy Act would let cell phone consumers keep their numbers out of the directory at no charge, and new wireless customers could also opt out of the listing for free.

The Washington, D.C.-based Cellular Telecommunications & Internet Association is the wireless industry's trade group working with major wireless carriers to create the directory. The group wants to allow anyone to obtain a cell phone listing by dialing 411. Under the industry plan, people obtaining a number from the directory would pay a fee. Those wishing to opt out of the directory would also be charged.

The CTIA says the directory would help small businesses, professionals and ordinary wireless customers who want to have their numbers listed, and the list would not be available to telemarketers. But a number of critics worry the industry could change its mind in the future, and wireless customers could be subjected to annoying phone calls while driving, which could be dangerous.

Not all cellular companies have bought into the concept of a wireless directory. Verizon Wireless, which has already taken legal steps to block spam text messages, has said it will not list its customers numbers in the wireless directory.

At a Tuesday Commerce Committee hearing, several of those testifying urged lawmakers to make the legislation even more consumer-friendly.

Marc Rotenburg, executive director of the Wasington-based Electronic Privacy Information Center, said wireless users should be required to "opt-in" to be included in the directory instead of "opting-out" if they want their number to remain unlisted. Industry analysts say they aren't sure how many wireless consumers would actually want their numbers listed.

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