Bill would permit robo-calls to your cell phone
Consumer groups want Congress to kill the robo-call bill. They call it a dangerous proposal that could lead to more nuisance calls.
By Herb Weisbaum, The ConsumerMan
If you like getting those automated messages on your home phone, then youre just going to love a proposal in Congress. The bill (H.R. 3035) would allow these robo-calls to your cell phone even if you didnt give a company permission to contact you at that number.
Supporters of the Mobile Informational Call Act of 2011 include the U.S. Chamber of Commerce and the Air Transport Association, as well as groups that represent bankers, mortgage lenders, college loan programs and debt collectors.
In a letter to Congress, they claim H.R. 3035 is needed to modernize existing law by enacting limited common-sense revisions to facilitate the delivery of time-sensitive consumer information to mobile devices, while continuing to protect wireless consumers from unwanted telemarketing calls.
They say robo-calls to cell phones would be used to alert you to food and drug recalls, data breaches, flight delays and appointment cancellations.
Howard Waltzman, an attorney representing the business groups supporting H.R. 3035, says this non-marketing commercial information is important to people. He tells me the ability to make contact via a mobile phone is critical because so many people now use a wireless device as their primary or only means of phone communication.
We have no interest in seeing this bill permit telemarketing calls, Waltzman tells me. We would be perfectly fine with any clarification necessary to ensure that it doesnt.
(Read: Letter to Congress supporting H.R. 3035)
Consumer groups want Congress to kill the bill. They call it a dangerous proposal that could lead to more nuisance calls.
Delicia Reynolds, legislative director at the National Association of Consumer Advocates, tells me H.R. 3035 would create potential chaos because it would open up everyones cell phone number without their consent.
(Read: NACA letter opposing H.R. 3035)
The Attorneys General in every state also oppose the Mobile Informational Call Act. They believe it would erode your right to cell phone privacy. In a letter sent to Congress last week, they say H.R. 3035 would undermine federal and state efforts to shield consumers from a flood of solicitation, marketing, debt collection and other unwanted calls and texts to their cell phones.
Illinois Attorney General Lisa Madgian, who is leading the charge against this bill, says these informational calls to cell phones could cost people who have a limited number of minutes to use each month.
This legislation would open the floodgates for telemarketers to annoy us with robo-calls to our cell phones at all hours of the day while forcing us to foot the bill, Madigan said in news release. Its essentially a way for businesses to shift their advertising and marketing costs on to consumers.
Critics are especially concerned that H.R. 3035 would let debt collectors (who are pushing this bill) contact people on their cell phones.
Its estimated that by the end of this year about 25 percent of U.S. cell phone customers will use pre-paid wireless plans, where theres a charge for every call received. Most prepaid users are in lower income households.
In their letter to Congress, the state attorneys general warn that if debt collectors are able to make robo-calls to cell phones it would shift the cost of debt collection to the consumers and in particular, to those who can least afford it.
Delicia Reynolds with the National Association of Consumer Advocates says debt collectors would be able to use your cell phone number even though you didnt give it to them. They might be able to Google the number or get it from a data broker. They could also call your cell number even if they already have your land line number. It would be their choice, not yours!
Were very concerned that the bill would lower privacy rights for the consumer, she says. It will open up cell phones to unwanted and nuisance calls.
Critics say one of the most troubling part of this bill is that it would allow businesses to make robo-calls to anyones personal or business cell phone for any commercial purpose as long as its not a solicitation even if that number is on the Do Not Call Registry.
Is a change in the law really needed?
Under current law, a company can make contact you via a robo-call if youve given them explicit permission to do that or in the case of an emergency. H.R. 3035 would let them robo-call you on your cell phone if you gave them your number in any situation for any reason.
Visit a store or website and give them your cell phone number and you could get robotic follow-up calls of an informational nature. The proposed legislation does not provide a way to opt-out of this system. Business groups say they have no problem with adding an opt-out provision to the bill.
