Introduced

The act expands eligibility on the state's no-call list to include fax numbers and cell phone numbers. Cell phone service may include residential or business use. The definition of telephone solicitation is broadened to include faxing, graphic imaging, and data communication, which includes text messaging.

The act forbids cell phone service providers from issuing cell phone records via electronic means upon written request of a residential subscriber. Cell phone records may only be transmitted through the U.S. Postal Service to the registered address of the subscriber.

The act creates the RFID Right to Know Act of 2007. The act requires any consumer commodity or package bearing a radio frequency identification tag or bar code to be conspicuously labeled as such. Radio frequency identification is any technology that uses radio waves to automatically identify individual items.

This act creates a crime of knowingly obtaining, receiving or selling telephone records without customer consent with exceptions for law enforcement and public welfare. Telephone records are defined as telephone numbers dialed by the customer, telephone numbers of incoming calls to the customer, and other data typically contained in telephone bills such as call times, duration, and charges applied. The crime is a felony subject to punishment by fine or imprisonment, with increasing fine amounts and/or length of sentences based on number of records illegally handled. A telecommunications carrier or customer violated by these provisions may institute a civil action to recover actual damages, illicit profits, and punitive damages. A two-year statute of limitations exists on such civil actions. This act also expands the definition of identity theft to include telephone records as a means of identification. An emergency clause makes these changes effective upon passage and approval.

This act is identical to the perfected SB 613 (2006), and contains provisions similar to SB 638 (2006) and HB 1632 (2006).

ERIKA JAQUES