You asked (1) if the Do Not Call list applies to cell phone numbers, (2) how telemarketers could obtain cell phone numbers, and (3) for the rationale behind exempting political calls from the law's prohibitions.

SUMMARY

The Do Not Call list applies to calls made to consumers, regardless of whether the call is made to a consumer's cell phone or home phone.

Telemarketers could collect cell phone numbers from businesses that have obtained contact information directly from consumers. There are reports that cell phone companies are creating a cell phone directory assistance database. A telemarketer could use the database as a source of consumer names and cell phone numbers. There is a bill in Congress designed to allow consumers to opt out of the cell phone directory assistance database.

Connecticut's law only applies to calls made for a commercial purpose and so does not apply to political calls. During the debate on the bill in the House of Representatives, Representative Fox stated that it does not apply to political calls because “we passed the law.” The issue was not debated in the Senate.

APPLICATION TO CELL PHONES

This act prohibits, with certain exceptions, telephone solicitors from making, or causing to be made, unsolicited telephone sales calls to consumers who have registered their wish not to receive them with a state “no sales solicitation calls” list. The law make no distinction between a landline or cell phone. A consumer can register a cell phone number in the same way that he can register his home number.

OBTAINING LISTS OF CELL PHONE NUMBERS

Businesses actively collect contact information from consumers. They may do this whenever they contact a consumer. For example, phone numbers are sometimes requested on a warranty registration card. Consumers may provide the information when arranging for a delivery or requesting a service.

Some cell phone companies are also preparing a database of cell phone numbers, according to a report published in the Baltimore Sun. It reports that the companies plan to establish directory assistance but do not plan on publishing a book of numbers. If established, telemarketers may seek to use the consumer names and cell phone numbers in it. A copy of the article is enclosed.

FEDERAL LEGISLATION

A bill in Congress would regulate the cell phone directory assistance database (Wireless 411 Privacy Act, S.1963). It prohibits cell phone companies from including consumer names and numbers in a cell phone directory assistance database or in a published cell phone number directory unless the company has (1) properly notified the consumer of his right not to be listed in the database and the directory and (2) obtained the consumer's express prior authorization. The bill requires cell phone companies to remove a consumer's name from the directory without charging him. It prohibits cell phone companies from charging consumers fees for exercising their rights to be excluded from the database and published directory. Finally, the bill expressly pre-empts state and local laws that are inconsistent with its provisions. A copy is enclosed.

POLITICAL CALLS

The law does not apply to calls made to promote a political candidate's success or defeat because it only applies to calls made for a commercial purpose. Specifically, it applies to “telephonic sales calls” made by a telephone solicitor “for the purpose of (a) engaging in marketing or sales solicitation, (b) soliciting an extension of credit for consumer goods or services, or (c) obtaining information that will or may be used for marketing or sales solicitation or exchange of or extension of credit for consumer goods or services” (CGS § 42-288a(a)(7)). The law defines “marketing or sales solicitation” to mean the initiation of a call or message to encourage the purchase or rental of, or investment in, property, goods or services, that is transmitted to a consumer, but does not include a telephone call or message (a) to any consumer with that consumer's prior express written or verbal invitation o0r permission, (b) by a tax-exempt nonprofit organization, or (c) to a consumer in response to a visit made by such consumer to an establishment selling, leasing or exchanging consumer goods or services” (CGS § 42-288a(a)(6)).

The law was passed in 2000 (PA 00-118, SB 365). The Senate debate did not refer to calls made for a political purpose. In the House of Representatives, Representative Fox introduced the bill. In response to questioning by Representative Maddox, he said that political candidates are not included because “we passed the law.” A portion of the transcript of the debate is attached.

DD:ts