Bill Text: NJ A3761 | 2010-2011 | Regular Session | Introduced
Bill Title: Requires wireless cell phone company to inform subscribers that cell phone GPS capability may be deactivated.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-02-03 - Introduced, Referred to Assembly Consumer Affairs Committee [A3761 Detail]
Download: New_Jersey-2010-A3761-Introduced.html
Sponsored by:
Assemblyman WAYNE P. DEANGELO
District 14 (Mercer and Middlesex)
SYNOPSIS
Requires wireless cell phone company to inform subscribers that cell phone GPS capability may be deactivated.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning telecommunication information and supplementing P.L.1960, c.39 (C.56:8-1 et seq.).
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. For the purposes of this act:
"Location-based service" is a service provided by a wireless communication service provider that uses the geographical positioning system of a wireless communication device to track the physical location of that wireless device; for the purposes of this act, location-based service is not enhanced 9-1-1 data;
"Subscriber" means any person to whom wireless telephone service is provided;
"Wireless telephone service" means commercial mobile service, as defined in 47 U.S.C.s.332(d); and
"Wireless telephone service provider" or "provider" means any person providing wireless telephone service, or any sales person employed by a provider, or any direct or indirect affiliate or agent of a provider who sells a wireless communication device to a subscriber.
2. Each wireless service provider operating in this State shall establish and maintain a separate telephone hotline and e-mail address in order to respond to inquiries from subscribers regarding the provider's location-based service technology. The separate telephone hotline and e-mail address shall provide subscribers with step-by-step instructions describing the method by which the location-based service can be deactivated by a subscriber through the subscriber's wireless communication device.
3. a. A wireless telephone service provider operating in this State who sells a wireless communication device to a subscriber shall verbally inform the subscriber, at the time of the sale, that the location-based service capability of the wireless communication device may be deactivated by the subscriber. The wireless telephone service provider shall verbally inform the subscriber of the telephone hotline and e-mail address established pursuant to section 2 of P.L. c. (C. ) (pending before the Legislature as this bill) from which the subscriber may receive step-by-step instructions to deactivate the location-based service of subscriber's wireless communication device.
b. In addition to the verbal information provided under subsection a. of this section, a wireless telephone service provider shall submit a written document to every subscriber who purchases a wireless communication device. The document shall inform the subscriber that the wireless communication device may be disabled by the subscriber. The document shall meet all of the following requirements:
(1) it shall be a separate document that is not attached to a contract for wireless telephone service, or to any other document;
(2) it shall be signed and dated by the subscriber;
(3) it shall list the telephone hotline and e-mail address established pursuant to section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill.) that the subscriber may use to receive step-by-step instructions to deactivate the location-based service of subscriber's wireless communication device.
(4) it shall be unambiguous and legible, and shall conspicuously disclose that, by signing the document, the subscriber has been informed both verbally and in writing that the location-based service capability of that subscriber's wireless communication device may be deactivated by the subscriber.
c. Each subscriber shall be given a copy of the document, and a separate copy may be retained by the wireless telephone service provider.
4. a. If a subscriber purchases a wireless communication device via the provider's Internet web site, the provider shall inform the subscriber that the caller location technology of the wireless communication device may be deactivated by the subscriber. This information shall be provided via an electronic document posted on a separate web page that shall become visible when the subscriber is purchasing the wireless communication device. The electronic document shall meet all of the following requirements:
(1) it shall be designed to be completed interactively and electronically signed and dated by the subscriber;
(2) it shall list the telephone hotline and e-mail address established pursuant to section 2 of P.L. , c. (C. ) ( pending before the Legislature as this bill.) that the subscriber may use to receive step-by-step instructions to deactivate the location-based service of subscriber's wireless communication device.
(3) it shall be unambiguous and legible, and shall conspicuously disclose that, by electronically signing the document, the subscriber has been informed in writing that the caller location technology of that subscriber's wireless communication device may be deactivated; and
(4) it shall be available in a printable format and may be printed by the subscriber after the subscriber electronically signs the document.
b. A subscriber shall not be permitted to complete a cell phone purchase via the provider's Internet web site, unless that subscriber confirms that they have read the document and electronically signs and dates the document.
c. A provider shall not be required to verbally inform a subscriber that the caller location technology may be deactivated as required under subsection b. of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill.) if that subscriber purchases the wireless communication device via the provider's Internet web site.
5. Each wireless telephone service provider shall inform subscribers who purchased a wireless communication device prior to the effective date of this act, that the location-based service capability of the wireless communication device may be deactivated by the subscriber. This information shall be provided via an electronic text message or e-mail sent directly to the subscriber's wireless communication device.
6. Failure on the part of a wireless telephone service provider to comply P.L. , c. (C. ) (pending before the Legislature as this bill.) shall constitute an unlawful practice under P.L.1960, c.39 (C.56:8-1 et seq.).
7. This act shall take effect on the first day of the seventh month following enactment.
STATEMENT
This bill requires cell phone companies to inform customers that the location-based service provided by the company may be deactivated by the customer through his or her cell phone. In addition, the bill requires cell phone companies to establish and maintain a phone hotline and e-mail address that a customer may contact to receive step-by-step instructions describing the method by which to deactivate his or her location-based service.
"Location-based service" is defined as a service provided by a wireless communication service provider that uses the geographical positioning system of a wireless communication device to track the physical location of that wireless device. The bill specifies that this service is not enhanced 9-1-1 data, which allow emergency responders to find the location of an emergency by utilizing cell phone GPS data.
The bill further requires that information concerning the deactivation of the location-based service be provided to customers both verbally and in writing. The written document issued to a customer is required to be signed and dated by the customer, and is to disclose that the customer has been informed, both verbally and in writing, that the cell phone's location-based service may be deactivated. The document is to be issued separately from any other document, and must list the telephone hotline and e-mail address that the customer may contact to receive step-by-step instructions describing the method by which to deactivate his or her location-based service.
The bill requires that every cell phone company which sells phones online post a document on the Internet informing the customer that the location-based service may be deactivated. The customer would not be permitted to complete the purchase unless he or she electronically signs and dates the document. The electronic document would provide the same information as a document issued in person.
Finally, all cell phone companies who entered into a contract with customers prior to the bill's effective date would be required to send those customers a text message providing information that a cell phone's location-based service may be deactivated.
A cell phone company's failure to comply with the provisions of the bill would constitute an unlawful practice. An unlawful practice under the Consumer Fraud Act is punishable by a monetary penalty of not more than $10,000 for a first offense and not more than $20,000 for any subsequent offense. In addition, a violation can result in cease and desist orders issued by the Attorney General, the assessment of punitive damages and the awarding of treble damages and costs to the injured party.
