FED-UP LAWMAKER PROPOSES CELL PHONE USERS’ BILL OF RIGHTS

By SONU MUNSHI
Cronkite News Service

PHOENIX (Wednesday, Nov. 28) _ Tired of dropped calls, Ashlie West wants to switch cell phone companies. But she’d have to pay a big penalty to get out of her two-year contract.

“I’m stuck. If I’d known the service would get so bad, I would have never gone this route,” West said, clutching her cherry red phone on a recent trip to the mall.

West and other cell phone users unhappy with service providers would have more options if a state lawmaker has his way.

Fed up with what he called “garbage treatment” from his service provider, Sen. Jim Waring, R-Phoenix, is proposing a cell phone users’ “Bill of Rights.” Among other things, it would limit contracts to one year.

“I’ve heard from so many people about their terrible experiences with cell phone providers that I decided something needed to be done to help Arizona’s customers,” Waring said. “Clearly this isn’t just my problem.”

Among the provisions of SB 1010, which Waring introduced for consideration during the upcoming legislative session:

_ Customers would be able to cancel service within the first 30 days without penalty.

_ Service providers would have to give written notice of changes in rates or terms 30 days in advance, and customers would then have the option of canceling.

_ A phone under warranty would have to be replaced without a contract extension.

_ Providers would have to give customers information on plans and contract terms, including length, trial periods and start-up fees.

Waring said he had a cell phone stop working after four months. It was under warranty, but Waring said his provider said it had suffered water damage _ which he disputes _ and that he’d have to sign a two-year contract to get a new one.

The company also told him that 75 percent of warranties are voided because of water damage, he said.

“That’s completely unfair, Waring said. “When you sign a contract, no one mentions these things.”

Susan Bitter Smith, chairwoman of the Arizona Competitive Telecommunications Coalition, said the group doesn’t have an official position yet on the bill. She said the group has met with Waring and is analyzing whether his legislation would create additional costs for consumers.

The coalition successfully blocked an effort last year by Sen. Pamela Gorman, R-Anthem, to allow customers to get out of contracts if companies violate any provisions.

Congress is debating the Cell Phone Consumer Empowerment Act of 2007. That legislation, introduced by two Democratic senators, aims to make contracts transparent, allow customers to end contracts within 30 days without early termination fees and give customers the flexibility to end contracts that don’t meet a customer’s needs.

Charles Acquard, executive director of the National Association of State Utility Consumer Advocates, a consumer rights group, said cell phone providers need regulation to protect customers.

“Yearly reports show cell phone provider issues topping consumer complaints,” Acquard said. “Clearly something needs to be done.”