Washington State House Democrats

February 3, 2005

OLYMPIA– Allowing cell-phone companies to put their subscribers’ phone numbers in a national directory without permission would create a "cell phone hell," state Rep. Dawn Morrell told a House committee today.

Morrell is proposing a state law that would make it illegal for a wireless service to put any subscriber’s cell-phone number into any phone directory without first obtaining the express consent of the customer.

"The people I represent are writing, phoning and e-mailing me to say they want to keep control over their own phone numbers," said Morrell, D-Puyallup.

Several cell-phone company lobbyists said a state law protecting the privacy of cell-phone numbers is unnecessary. But consumer organizations disagreed.

Robert Pregulman, executive director of WashPIRG, told the committee that Morrell’s legislation is needed because the privacy policies of wireless companies offer little real protection and can be changed at any time.

Pregulman displayed a Verizon Wireless privacy agreement that claims a customers’ personal information will not be shared without permission. But the fine print of the privacy policy adds that this protection "doesn’t include your name, address and wireless number. Unless you arrange otherwise with us and pay any required fee, we may list them in a public directory."

Lauren Moughon, Advocacy Director for AARP Washington, cited a national AARP survey that found 90 percent of cell-phone users think their phone numbers should only be included in a national directory when the customer requests it.

"Seniors need the protection provided by a written or electronic opt-in agreement," said Moughon. Without this protection "seniors would be even more vulnerable to phone scammers than they are now."

Consumers Union, the independent, non-profit publisher of Consumer Reports, submitted written testimony to the House Technology, Energy & Communications Committee expressing "strong support" for Morrell’s bill, House Bill 1185.

"Unwanted calls could increase dramatically once a number is listed in the directory," said the statement by Janee Breisemeister, manager of Consumers Union’s EscapeCellHell.org campaign. "HB 1185's requirement of express written consent that is not hidden in the cell phone contract is key to preventing a flood of unwanted and costly calls to cell phones."

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