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OLYMPIA—By a vote of 95-0 yesterday, the Washington House of Representatives gave final approval to a bill that will give cell phone users in Washington control over whether or not their wireless carrier can put their cell phone numbers in a public directory without their explicit permission. HB 1185, which was sponsored by Representative Dawn Morrell (D-Puyallup) will require cell phone companies to get express, documented permission from customers before including their numbers in the directory and prohibit cell phone companies from charging customers a fee for keeping their cell phone numbers private. The bill now goes to Governor Gregoire for her signature.

"This is a huge win for cell phone users in Washington," said Robert Pregulman, Executive Director of the Washington Public Interest Research Group (WashPIRG). "We commend the Legislature for giving their constituents the power to control the privacy of their cell phone numbers."

Last year, wireless carriers announced that they were going to create a Wireless 411 Service to publish their customers' cell phone numbers, which would allow telemarketers and scam artists to target all cell phone users, including children and the elderly. In addition, it would increase charges to consumers as they will have to pay for the influx of additional calls from unwanted sources.

The wireless industry claimed the bill was unnecessary because only cell phone subscribers who choose to participate or "opt in" to the system will have their numbers available to those who dial 411. But buried in the fine print of many cell phone contracts is a clause allowing the cell phone company to include the customers' cell phone numbers in the directory without asking permission.

"Customer complaints to the FCC about cell phone companies increased 92 percent from 2002 to 2004, which is more than three times higher than the industry growth rate," said Pregulman. "Clearly, cell phone companies have proven that customer service is not a priority, so this legislation is needed because it is easier for cell phone carriers to break a promise than to break a law."

HB 1185 will protect consumers by:

- Requiring cell phone companies to get subscribers' express, written permission on a separate document or web page before including their numbers in the directory

- Requiring cell phone companies to disclose that by consenting to be included in the directory, a subscriber may incur additional charges for receiving unsolicited calls or text messages

- Prohibiting cell phone companies from charging customers a fee for keeping their cell phone numbers private

- Giving the state the authority to fine cell phone companies up to $50,000 for each violation of the statute

"Passage of this bill would not have been possible without the hard work of primary sponsor Representative Dawn Morrell," said Pregulman. "Her efforts have given Washington consumers an important tool for protecting their privacy."

WashPIRG is a nonprofit environmental and consumer advocacy group with approximately 20,000 members in Washington. For more information, go to www.washpirg.org.