Brief Description: Requiring subscribers' consent to disclosure of wireless phone numbers.

Sponsors: Representatives Morrell, Bailey and Cody.

Hearing Date: 1/16/08

Staff: Kara Durbin (786-7133).

Background:

In 2005, the Legislature passed Substitute House Bill 1185, which prohibited wireless telephone companies from publishing a subscriber's wireless phone number in a directory without first obtaining the subscriber's express, opt-in consent. Consent must be obtained in writing or electronically, and a receipt must be provided to the subscriber. The subscriber may revoke his or her consent at any time, and the company must comply with the subscriber's request within a reasonable period of time. In addition, the subscriber may not be charged for choosing not to be listed in the directory.

These restrictions were limited to wireless telephone companies and did not restrict third parties from including a subscriber's wireless phone number in a public directory.

Summary of Bill:

The restrictions on compiling wireless phone numbers in a directory are extended to cover any person in the business of compiling, marketing, selling, maintaining, or otherwise sharing the phone number of any subscriber for commercial purposes.

Any person in the business of compiling, marketing, selling, maintaining, or otherwise sharing the phone number of any subscriber for commercial purposes, who has maintained a directory before the effective date of this act, must within 30 days either: (1) secure the express, opt-in consent of each subscriber in the directory; or (2) remove the phone numbers of any subscribers who have not provided their express, opt-in consent.

A "subscriber" is defined as a person who subscribes to radio communications services, radio paging, or cellular communications service.   

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.