The marketing,
selling or sharing of a subscriber’s cell phone number for commercial
reasons without the person’s written consent would be illegal under a
bill that has passed the Kentucky House.
Penalties would be stiff
for wireless service providers, directory providers or others who
violate the prohibitions in House Bill 413, sponsored by Rep. Gerald
Watkins, D-Paducah, with fines ranging from $1,000 to $10,000 per
violation, according to the bill. A separate fine would be levied for
each instance where a wireless number is illegally marketed, shared or
sold.
Watkins said he filed the bill after receiving
telemarketing calls for years despite having his phone number on the
official government do-not-call list.
“I begged them, I pleaded
with them, I’ve sweet-talked them, I’ve played along with them and they
just hang up on me,” said Watkins. “In a 20-day period, I collected
seven different numbers that they called from—the same company—and
turned them over to the Attorney General and they were (untraceable)… So
I decided to go after the ones who were actually selling this list and
providing them to telemarketers.”
Watkins said everyone he has
talked to has had a similar experience, adding that he is particularly
concerned for the elderly who receive calls from “unscrupulous”
telemarketers trying to defraud them.
The bill would exempt those
who share a wireless number for law enforcement or other emergency
purposes, wireless services transferring service at the customer’s
request, sales agents who provide wireless numbers to a wireless service
for billing or customer service, the sharing of wireless numbers
through open records, or numbers shared by wireless providers or
directory companies as part of their service to the subscriber.
Wireless
numbers disclosed because of a criminal act, such as a breach, would
also not be considered a violation as long as the wireless service or
directory provider attempts to notify the subscriber of the issue.
Speaking
in support of the bill was Rep. David Hale, R-Wellington, who said he,
like Watkins, has received unwanted calls that he can’t track down,
including a recent call from Boise, Idaho he received a few days ago.
“I’m
thinking ‘who do I know from Boise, Idaho?’ I answer the call, and it
is someone trying to sell me a credit card. So I call the number back
after immediately hanging up and it’s a number that says no longer in
service,” said Hale. “I do applaud the gentleman for this bill, and I
support it wholeheartedly.”
HB 413 passed the House 95-0 and now goes to the Senate.