Office of the Attorney General
Attorney General Conway Announces Fight Against Robo-Calls and Cell Phone Solicitations

Press Release Date:  Wednesday, December 07, 2011  
Contact Information:  Allison Gardner Martin
Communications Director
502-696-5651 (office)

Attorney General Jack Conway today joined 53 other attorneys general in asking Congress to oppose legislation targeting consumers' telephone privacy. The "Mobile Informational Call Act of 2011" [H.R. 3035] would amend the Communications Act of 1934 and allow for robo-calling to all cell phones, leaving consumers to foot the bill. For example, debt collectors and other businesses could place automated "informational" calls to cell phones, impacting those who pay by the minute or have a limited number of minutes available.

In addition, since businesses frequently have the wrong contact information, consumers could be getting and paying for repeated robo-calls on their cell phones for calls that are not intended for them.

"I believe this federal measure is an assault on Americans' privacy and dilutes the ability attorneys general have to protect consumers," said General Conway. "If passed, this bill would allow robo-call messages to be sent en masse to people who do not want them and who would be left footing the bill for the calls. I hope the Congressmen and Senators from Kentucky will join me in helping stop this bill."

The attorneys general are asking members of Congress to reject U.S. House Resolution 3035. As chief protectors of consumer rights, many state attorneys general would not be able to enforce their more strict state laws against junk faxes, prerecorded calls or text messages.

This legislation would also narrow the definition of what constitutes an illegal "automatic telephone dialing system." If passed, the new definition would only prohibit "random or sequential number generators," which means "targeted" calls would be permitted.

Currently, federal law allows robo-calls to be placed to people who have given their explicit consent to receive them or in the case of an emergency. If this federal legislation passes, the law will be expanded to allow businesses to robo-call any consumer who has provided their telephone number in the course of a transaction – regardless if a consumer asks not to be contacted.

In the letter, officials also pointed out that an increase in calls to mobile phones could present a hazard to drivers who may become distracted. A 2009 study by the National Highway Traffic Safety Administration found that cell-phone use was involved in 995 or 18 percent of fatalities in distraction-related crashes.

"The Telephone Consumer Protection Act is meant to protect consumers, and this bill goes in the wrong direction by opening a Pandora's box – giving businesses permission to make calls to personal cell phones, regardless of consumers' wishes of whether or not to get those calls," said General Conway.

The proposal is currently being considered in the U.S. House Committee on Energy and Commerce – the first step in the legislative process. Citizens can voice their opinions on the proposal by contacting their representative or by voting on Popvox's nonpartisan website

Popvox will forward consumers' comments to members of Congress.

Attorneys general who signed the letter are from: Alabama, Alaska, American Samoa, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, North Mariana Islands, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Utah, Vermont, Virgin Islands, Washington, West Virginia, Wisconsin, and Wyoming.

Link to letter regarding HR 3035: