Sponsored by:
Assemblyman PETER J. BARNES, III
District 18 (Middlesex)
Assemblywoman ANNETTE QUIJANO
District 20 (Union)
Co-Sponsored by:
Assemblyman DeAngelo
SYNOPSIS
Urges Congress to restrict imposition of cellular telephone service fees for services not requested by customers, known as “cramming”.
CURRENT VERSION OF TEXT
As introduced.
An Assembly Resolution respectfully urging Congress to restrict the imposition of cellular telephone service fees related to services not requested by customers.
Whereas, Cellular telephone customers, like all consumers, deserve the right to receive accurate information regarding rates, terms, and conditions of their cellular service; and
Whereas, Fees charged by third-party providers of wireless service for services not requested by customers, known as “cramming”, is a deceitful, unfair, and unethical practice that should be prohibited; and
Whereas, Congress has the legal authority to authorize the Federal Communications Commission (FCC) to impose cramming prevention regulations on wireless, cellular telephone service providers; and
Whereas, Congress should mandate that all cellular service providers require that consumers must opt in to receive third-party services; and
Whereas, Congress should mandate that all cellular service providers offer, free of charge, the option of blocking third-party messages for customers who do not opt in to receive them; and
Whereas, Congress should authorize the FCC to impose penalties upon third-party providers for charging customers for services which they did not consent to receive; and
Whereas, Congress should provide in any legislation restricting the practice of cramming, that federal cramming regulations shall not preempt more stringent State-imposed cramming standards; now, therefore,
Be It Resolved by the General Assembly of the State of New Jersey:
1. This House respectfully urges the Congress of the United States to restrict the imposition of cellular telephone service fees related to services not requested by customers, known as “cramming”.
2. Duly authenticated copies of this resolution, signed by the Speaker of the General Assembly and attested by the Clerk thereof, shall be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives and each member of Congress elected from this State.
STATEMENT
This Assembly Resolution respectfully urges the Congress of the United States to restrict the imposition of cellular telephone service fees related to services not requested by customers.
Fees charged by wireless and broadband voice third-party service providers for services not requested by customers, known as “cramming”, is a deceitful, unfair, and unethical practice that should be prohibited. Congress, having the legal authority to authorize the Federal Communications Commission (FCC) to impose cramming prevention regulations on wireless, cellular telephone service providers, should mandate that (1) all cellular service providers require that consumers must opt in to receive third-party services; and (2) all cellular service providers offer, free of charge, the option of blocking third-party messages for customers who do not opt in to receive them. Further, Congress should authorize the FCC to impose penalties for any unauthorized third-party billing to cellular customer accounts. In addition, Congress should provide, in any legislation restricting the practice of cramming, that federal cramming regulations shall not preempt more stringent State-imposed cramming standards.