House Study Bill 673
HOUSE FILE
BY (PROPOSED COMMITTEE ON
COMMERCE, REGULATION AND LABOR
BILL BY CHAIRPERSON JENKINS)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the privacy of wireless communications service
2 subscribers, including restrictions on the provision of
3 wireless telephone number information, and providing penalties
4 and remedies.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
6 TLSB 6431HC 81
7 kk/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 477A.1 DEFINITIONS.
1 2 As used in this chapter, unless the context otherwise
1 3 requires:
1 4 1. "Person" shall have the same meaning as defined in
1 5 section 4.1.
1 6 2. "Subscriber" means the person or persons contractually
1 7 obligated to pay a wireless communications service provider
1 8 for the receipt of wireless communications services.
1 9 3. "Wireless communications service" shall have the same
1 10 meaning as defined in section 34A.7A.
1 11 4. "Wireless telephone number information" means the
1 12 wireless telephone number, electronic address, or any other
1 13 identifying information by which a calling party may reach a
1 14 subscriber to a wireless communications service and includes
1 15 such subscriber's name and address.
1 16 Sec. 2. NEW SECTION. 477A.2 WIRELESS SUBSCRIBER PRIVACY
1 17 PROTECTION.
1 18 1. A provider of wireless communications service shall not
1 19 sell, provide, publish, or otherwise disseminate the wireless
1 20 telephone number information of any subscriber to any person
1 21 except the subscriber without the subscriber's express written
1 22 consent that meets all of the following requirements:
1 23 a. The consent shall be contained in a separate document,
1 24 signed and dated by the subscriber.
1 25 b. The consent shall contain all of the following
1 26 provisions in unambiguous and plain language:
1 27 (1) That by signing the document the subscriber is
1 28 consenting to have the subscriber's wireless telephone number
1 29 information sold or published as part of a list of subscribers
1 30 and may be included in a publicly available directory.
1 31 (2) That the subscriber may revoke consent at any time.
1 32 (3) That the subscriber shall not be charged for revoking
1 33 consent.
1 34 (4) If under the subscriber's calling plan the subscriber
1 35 may be billed for receiving unsolicited calls or text
2 1 messaging from a telemarketer or other person, the provider's
2 2 consent form shall include a disclosure that by consenting the
2 3 subscriber may incur additional charges for receiving
2 4 unsolicited calls or text messages.
2 5 c. A copy of the signed consent shall be provided to the
2 6 subscriber.
2 7 2. A subscriber who provides consent pursuant to
2 8 subsection 1 may revoke that consent at any time, and the
2 9 provider shall comply with the request to revoke consent
2 10 within sixty days.
2 11 3. A provider of wireless communications service shall not
2 12 charge a fee to any subscriber for exercising any rights
2 13 granted under this chapter.
2 14 4. This section shall not apply to the provision of
2 15 wireless telephone number information to the following parties
2 16 for the purposes indicated:
2 17 a. To any law enforcement agency, fire protection agency,
2 18 public health agency, public environmental health agency, or
2 19 city or county emergency services agency for the exclusive
2 20 purpose of responding to a 911 call or communicating an
2 21 imminent threat to life or property.
2 22 b. To a telephone company providing service between
2 23 service areas, or to third parties for the limited purpose of
2 24 providing billing services.
2 25 c. To a telephone company to effectuate a subscriber's
2 26 request to transfer the subscriber's assigned telephone number
2 27 from the subscriber's existing provider of telecommunications
2 28 services to a new provider of telecommunications services.
2 29 d. In response to a lawful subpoena or process issued
2 30 under state or federal law.
2 31 Sec. 3. NEW SECTION. 477A.3 VIOLATIONS == CIVIL ACTIONS
2 32 == CIVIL PENALTY == OTHER REMEDIES.
2 33 A violation of this chapter is an unlawful practice under
2 34 section 714.16. All the powers conferred upon the attorney
2 35 general to accomplish the objectives and carry out the duties
3 1 prescribed pursuant to section 714.16 are also conferred upon
3 2 the attorney general to enforce this chapter, including, but
3 3 not limited to, the power to issue subpoenas, adopt rules
3 4 pursuant to chapter 17A, and seek injunctive relief and civil
3 5 penalties.
3 6 EXPLANATION
3 7 This bill creates new Code chapter 477A establishing
3 8 restrictions on the dissemination of wireless telephone
3 9 information by wireless communications service providers.
3 10 The bill requires wireless communications service providers
3 11 to obtain express written consent from a subscriber before the
3 12 provider may sell, provide, publish, or otherwise disseminate
3 13 a subscriber's wireless telephone number information to any
3 14 person other than the subscriber. The express consent must be
3 15 contained in a separate document and signed and dated by the
3 16 subscriber. The consent must explain in unambiguous and plain
3 17 language that by signing the consent the subscriber agrees to
3 18 have the subscriber's wireless telephone number sold or
3 19 published as part of a directory that may be made available to
3 20 the public. The consent must also explain that the subscriber
3 21 may revoke the consent at any time at no charge to the
3 22 subscriber and that the subscriber may incur additional
3 23 charges for receiving unsolicited calls or text messages if
3 24 the subscriber's calling plan may be so charged.
3 25 The provider must provide the subscriber a copy of the
3 26 consent and must comply with a subscriber's request to revoke
3 27 the consent within 60 days. Providers of wireless
3 28 communications service shall not charge a fee to a subscriber
3 29 for exercising any rights under new Code chapter 477A.
3 30 Wireless communications service providers may provide
3 31 wireless telephone number information without express consent
3 32 to a law enforcement agency, fire protection agency, public
3 33 health agency, public environmental health agency, or city or
3 34 county emergency services agency to assist in the response to
3 35 a 911 call or the communication of an imminent threat to life
4 1 or property. Wireless telephone number information may also
4 2 be provided to a telephone company providing service to the
4 3 subscriber between service areas, to third parties providing
4 4 billing services, to a telephone company effectuating a
4 5 subscriber's request to transfer the subscriber's telephone
4 6 number to a different provider, and in response to a subpoena
4 7 or other legal process.
4 8 The bill provides that the attorney general can enforce
4 9 Code chapter 477A in the manner of a violation of Code section
4 10 714.16 relating to consumer frauds.
4 11 LSB 6431HC 81
4 12 kk:nh/gg/14