BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 402|
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THIRD READING
Bill No: SB 402
Author: Campbell (R)
Amended: 5/9/05
Vote: 21
SENATE ENERGY, UTIL. & COMMUNICATIONS COMM.: 9-0, 5/3/05
AYES: Morrow, Alarcon, Battin, Bowen, Campbell, Cox, Dunn,
Kehoe, Murray
NO VOTE RECORDED: Escutia, Simitian
SUBJECT : Telecommunications
SOURCE : Author
DIGEST : This bill, as it relates to the national
cellphone number directory, allows a narrow expansion of
the written consent requirement to also permit affirmative
consent on an Internet website, as specified.
ANALYSIS : Current law requires that cellular telephone
companies and their agents must obtain the express written
consent of customers before including their name and
telephone number in any directory.
Current law requires that when the customer could be billed
for unsolicited calls or text messages, the cellular
telephone company and its agents must disclose that the
customer, by consenting to including their number in a
directory, may incur additional charges.
CONTINUED
SB 402
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This bill changes the express written consent requirement
to instead require either express written consent, or an
affirmative response made on a separate field on an
Internet Web site, where there is no default.
This bill deletes the requirement for customer notice that
consenting to be listed in a directory may cause the
customer to incur additional charges.
Background
The revelation that the Cellular Telecommunications and
Internet Association (CTIA) was creating a national
cellphone number directory was greeted by much concern over
the loss of privacy and the potential for unwanted calls
and e-mail, which the customer would pay for. Federal and
state legislation requiring prior consent was introduced.
California's legislation was enacted (AB 1733 [Reyes]
Chapter 753, Statutes of 2004). In signing the bill the
Governor noted concerns:
"?this bill requires consent to be obtained on a separate
document that the customer must physically sign and date.
This over burdensome provision does not take into account
modern business practices developed for consumer ease and
greater business efficiencies such as digital files and
over the phone approvals.
"I look forward to working with the legislature next
session to revise the consent provision to represent actual
modern day business practice."
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 5/11/05)
Cingular Wireless
OPPOSITION : (Verified 5/11/05)
Privacy Rights Clearinghouse
SB 402
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3
NC:nl 5/12/05 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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