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Telemarketers are finding fewer venues to target potential customers with restrictive spam laws. Even calling someone who has been put on a “no call” registry list can be illegal. However, it isn’t just marketers who are now having trouble reaching people. Your local bank, business, and debt collector might also be getting into trouble with the same laws. Now, the “Mobile Call Act of 2011″ is trying to change all that.

Important Calls

Businesses argue that without the right to call people, even when not given express permission to do so, can make it impossible to relay information like product recalls, data breeches, and flight delays or cancellations. This type of information, they argue, is one that the consumer would want to have even if they were on a “no call” list. It is important information and time-sensitive. They are hoping to open up the mobile cell phone lines to these types of calls by authorizing the legalization of these types of calls. The sooner someone finds out about a potential drug recall, they argue, the faster a life might be saved.

Business and Non-Commercial Calling

The backers for this bill are U.S. Chamber of Commerce as well as other commercial groups like banks, the air transportation industry, college lenders, and debt collectors. H.R. 3035, they claim, will help to modernize the spam and telemarketing laws to make the right information available swiftly while keeping unwanted marketers off the phone. However, consumers do not agree.

No Call Means No Calling 

Consumer groups see the bill as an attempt to bypass laws that have proven successful at reducing nuisance calling. If you give one company the legal right to call, what is to stop someone from abusing the law for their own benefit? By giving companies a loophole where they can claim to be calling for one reason and then use it for another, it will create chaos in the anti-spam legislation which will be difficult to regulate. At the very least, you would not have the same level of cell phone privacy you expect when you sign up for a cell phone.

Who Pays for the Calls?

At issue for extra calling is also the fact that many cell phone users are on plans that have to pay for these calls. Not only would they be receiving calls they did not expressly request, but they would also be paying for the minutes for them. Many calls will be automated via a “robo-call” feature that big companies use. Not only will they not be able to remove themselves from a call list, but the calls that come in and are answered will be paid for on their own dime. In particular, if debt collectors were also given free rein to call, then it would cost them nothing to bombard a cell phone number, while the person who has the number would pay for these calls. Stiff penalties may be added for abuse of the law, but it would still put the burden of proof on the consumer. Many airlines already offer an option whereby a consumer gives consent to be called should a flight be delayed or canceled at the moment the ticket is purchased. Consumer groups argue that the bill is unnecessary and should it pass consumers who want to opt-out of H.R. 3035 should have the ability to do so.