BILL ANALYSIS
SB 402
Page 1
SENATE THIRD READING
SB 402 (Campbell)
As Amended June 30, 2005
Majority vote
SENATE VOTE :32-2
UTILITIES & COMMERCE 10-0
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|Ayes:|Levine, Bogh, Baca, | | |
| |Blakeslee, De La | | |
| |Torre, Jerome Horton, | | |
| |Keene, Montanez, Jones, | | |
| |Wyland | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Allows cellular phone service providers to utilize the
Internet as an alternate method for obtaining express written
consent from customers for inclusion in published directories.
EXISTING LAW requires cellular telephone companies and their
agents to obtain the express written consent of customers on a
separate document before including their name and telephone
number in any directory.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, the purpose of this bill is
to make the procedure for consumers to authorize the inclusion
of their cell phone numbers in published directories easier,
while maintaining important consumer protections.
AB 1733 (Reyes, Levine, and Campbell), Chapter 753, Statutes of
2004, required cell phone companies to obtain written permission
from subscribers before the consumer's phone number could be
published in a directory. The chaptered version of AB 1733
included only one method (requiring a separate signed and dated
paper document) for companies to obtain the express written
consent of those customers wishing to have their cell phone
numbers included in a published directory.
Although Governor Schwarzenegger signed AB 1733 because of its
SB 402
Page 2
important protections for cell phone customers, he did so with
some reservations. As expressed in his signing message for AB
1733, the bill did "not take into account modern business
practices developed for consumer ease and greater business
efficiencies such as digital files and over the phone
approvals."
This bill addresses the Governor's concerns by specifically
adding the Internet as an accepted method for cell phone
customers to opt-in or opt-out of participation in a published
directory. For many customers, the convenience of an internet
option may be preferable to the existing process established by
AB 1733. Likewise for businesses, the collection of this data
online versus the current paper-dependent process may be less
burdensome and result in a savings in postage and other costs
associated with the implementation of AB 1733.
Analysis Prepared by : Adam Hunt / U. & C. / (916) 319-2083
FN: 0011740