Attorney General's News Release

December 15, 2004

Cell phones would have No Call protection under legislation backed by Nixon and state Rep. Pearce

Kansas City, Mo. — The explosive growth of cell phones means that Missourians should have the same protection from unwanted telemarketing calls to their cell phones as they do with their telephones at home, Attorney General Jay Nixon said today.

Nixon was in Kansas City today, along with state Rep. David Pearce, R-Warrensburg, to announce legislation that would allow business and residential cell phones to sign onto Missouri's No Call list. The state No Call list already includes more than 1.7 million residential telephone numbers, but Nixon says the law leaves a big gap in protecting cell phone users.

“The number of cell phones in Missouri has increased by almost 60 percent in the four years that we've had a No Call law,” Nixon said. “Mobile phones have moved from being a luxury to being a staple in most households. Many Missourians don't want to get telemarketing calls on their cell phones any more than they want to get those calls at home.”

“More people than ever now have cell phones. Some people, in fact, have only a cell phone,” Pearce said. “It's important that they be given protection from unwanted telemarketing calls if they want it.”

Rep. Pearce sponsored a similar bill during the 2004 General Assembly to protect cell phone users from telemarketing calls. That bill was endorsed by the Missouri Chamber of Commerce and the Missouri Broadcasters Association. Pearce's bill for the 2005 General Assembly is House Bill 89.

The proposed legislation also would address text-message spam, which are unsolicited commercial messages transmitted to the screens of cell phones, by protecting cell phones on the No Call list from receiving this kind of spam. These ads shift the advertising cost to the recipient and need to be covered by Missouri's No Call law, Nixon said.

“This unwanted text-message spam amounts to a collect call from a telemarketer,” Nixon said. “The best way to fight this spam is to stop the call before it's ever made, and protecting against these nuisances in the No Call law will help do that.”

Under most cell phone plans that offer text messaging, the customer is charged on the basis of how many text messages are sent and received, or is limited to a certain number of text messages before extra charges apply. Text message spam places an unfair cost on the consumers who receive the ads, Nixon said.

Telemarketers covered by the No Call law who make telemarketing calls to numbers on the list can face legal action, including monetary sanctions of up to $5,000 per violation.

More than 1.7 million Missouri residential phone numbers are on the state No Call list, and Nixon's office has collected almost $1.2 million from telemarketers who have violated the law. Residents not yet on the No Call list may register their home numbers online or by calling toll-free 1-866-NOCALL 1 (1-866-662-2551). Missourians on the list already who have complaints about No Call violations should contact the Attorney General's Office through the same Web site or phone number.

State Senator-elect LuAnn Ridgeway, R-Smithville, is expected to file a similar bill in the state Senate later this month.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818