Vermont could be the first state to include a private right of action in a comprehensive privacy bill. The Vermont House voted 139-0 Friday to approve H-121, which would allow individuals to sue in privacy cases and give the state's attorney general an enforcement role. The bill will go next to the Senate. Initially, the House Commerce Committee decided not to advance H-121 in 2023 after members determined it needed work (see 2304060060). But on Thursday, lawmakers amended the bill, teeing up H-121 for a Friday vote. The Commerce Committee considered privacy testimony for four years to draft a “protective but largely technology-and industry-neutral proposal,” Rep. Monique Priestley (D) said. The amended bill would align with privacy laws in Connecticut and many other states, taking some features from each, Priestley added. Some would be “unique to Vermont,” including the private right of action and restrictions on “how businesses may use data to what is consistent with the reasonable expectations of consumers,” she said. For the Computer & Communications Industry Association, the “private right of action is our main point of concern with the bill's current language,” said CCIA State Policy Director Khara Boender: “The bill otherwise is largely harmonized with existing privacy frameworks” like Connecticut’s. Private rights of action in state laws such as the Illinois Biometric Information Privacy Act “have resulted in plaintiffs advancing frivolous claims with little evidence of actual injury,” Boender said. No other comprehensive privacy bill has a broad private right of action, though the California Consumer Privacy Act has a narrower one, said Husch Blackwell privacy attorney David Stauss. Whether it survives the Vermont Senate is an open question, he said. "I certainly expect that there will be significant pushback."
Colorado announced some $9.5 million in additional broadband grants though the U.S. Treasury Capital Projects Fund. As a result of a state challenge process, “some of the previously awarded projects were reduced in size, leading to additional availability of funding,” the state broadband office explained in an email newsletter Friday. The additional awards included about $3.37 million to the Southern Colorado Economic Development District and two grants totaling roughly $3.17 million to Vero.
Maine lawmakers passed a telemarketing bill this week that would require telephone solicitors, before calling a consumer, to use the FCC’s reassigned numbers database to verify that the consumer’s number wasn't reassigned. The House passed LD-2234 Tuesday and the Senate did so Wednesday. Gov. Chris Sununu (R) will next consider the measure.
The Kansas House approved a broadband infrastructure bill Wednesday aimed at streamlining providers’ access to public right of way. HB-2806 would require that counties apply ROW access and permit processes “in a nondiscriminatory and competitively neutral manner to all similarly situated providers." Similar rules already apply to the state's cities. Internet providers supported the bill at a Feb. 29 hearing (see 2402290044). The bill still needs Senate and gubernatorial approval.
New Jersey regulators renewed Altice’s cable TV franchise for seven years in an order released Thursday. Board of Public Utilities commissioners voted 4-0 to approve the statewide franchise renewal during a Wednesday meeting. Altice’s Cablevision “has complied or is ready to comply with all applicable rules and regulations imposed by or pursuant to State and federal law as preconditions for engaging in the proposed cable television operations,” said the order in docket CE23120919. The company “has sufficient financial and technical capacity, meets the legal, character and other qualifications necessary to construct, maintain and operate the necessary installations, lines and equipment, and is capable of providing the proposed service in a safe, adequate and proper manner,” the board said.
Bills meant to protect kids online advanced in multiple state legislatures this week. On Wednesday, the Vermont Senate unanimously passed a children’s privacy bill (S-289) requiring an age-appropriate design code. It will go to the House. The same day in Illinois, the House Consumer Protection Committee voted 9-0 to advance a kids’ social media bill (HB-5380) that would require large social media platforms to make application programming interfaces (API) available so that third-party software providers can create tools for parents to manage their children’s activity on the platform. And in Alabama, the Senate Judiciary Committee cleared the House-passed HB-164 with a short amendment. The bill would require a reasonable age-verification method to restrict those younger than 18 from accessing pornographic websites. On Tuesday, Alabama’s Senate Fiscal Responsibility Committee cleared a privacy bill (SB-213) that would require data brokers to register with the state. A Pennsylvania House committee that day advanced a social media bill requiring age verification (see 2403190050).
The California Public Utilities Commission scolded Verizon Wireless in an order Thursday for its handling of a case of alleged customer fraud. The CPUC granted relief to a family of complainants through a 4-0 vote on a consent agenda during a Thursday meeting. Verizon could face further sanctions, the agency said. “During the course of this proceeding, Verizon failed to disclose material information concerning the porting and reassignment of at least one of Complainants’ mobile phone numbers,” said the draft decision in docket C.23-12-005. “This proceeding will remain open in order to explore an Order to Show Cause against Verizon for this material omission.” The complainants alleged that, without notice, Verizon terminated service to and locked their five iPhones and associated phone numbers for reasons of fraud. The customers said that, as a result, they had to buy five phones and suffered irreparable injury to their businesses because they couldn’t port their locked numbers to another carrier. Verizon asked to dismiss for lack of jurisdiction because its agreement with customers requires arbitration. However, the CPUC said the arbitration clause doesn’t circumvent the commission’s authority. Also, the carrier argued that it may terminate customers’ phone services without notice under its agreement and in exigent circumstances. Verizon argued that it acted after determining that the customers committed fraud. The CPUC agreed that the carrier could terminate customers’ service, but was “not satisfied with the way Verizon's Fraud Department handled this case and the allegations against the Complainants.” Accordingly, the CPUC required that Verizon confidentially “submit a comprehensive report of the procedures and criteria used … to identify and accuse customers of fraud,” with “specific evidence that supported Verizon's claim that the Complainants in this case engaged in fraudulent activity.” Also, the CPUC said the customer agreement “does not authorize Verizon to lock a phone or lock a number associated with a mobile phone.” So, the agency required Verizon to unlock five iPhones and their associated numbers. In addition, the CPUC required the carrier to refund the customers the costs of three of the five locked phones, plus the five replacement phones they bought after their service was terminated. Verizon declined to comment.
The California Public Utilities Commission again delayed votes on an AT&T enforcement item and another proposal to make a foster youth program permanent. Both were scheduled for Thursday’s meeting, but staff postponed them until the April 18 meeting, said a CPUC hold list Tuesday. CPUC President Alice Reynolds previously asked to address the AT&T item at a Feb. 15 meeting (see 2402150067). It would deny the carrier’s corrective action plan explaining how it will correct failures and improve service after failing to meet the state’s out-of-service repair interval standard in 2021. In addition, the CPUC originally planned a Feb. 15 vote on the foster youth proposal but twice postponed it. Earlier this month, the agency received a dire warning from the foster youth pilot program’s administrator, iFoster (see 2403110042), which said the current draft would create a program “destined to fail.”
The telecom industry continued to raise concerns about a Minnesota broadband safety and workforce bill. SF-4742 would set aside a portion of federal broadband, equity, access and deployment (BEAD) program funding for companies that agree to workforce “best practices” including payment of prevailing wages and annual skills training. At a livestreamed Wednesday meeting, the Minnesota Senate Energy Committee amended the bill and voted 8-6 to advance it to the Agriculture Committee. The committee delayed voting on the bill Monday after multiple senators and the telecom industry raised concerns that it would slow high-speed internet expansion (see 2403180048). Sponsor Sen. Jennifer McEwan (D) said she had “productive” talks with stakeholders during the previous 48 hours, leading to a Wednesday amendment with “more inclusive language.” There still isn't “perfect agreement," said McEwan, but talks will continue. The amendment doesn’t resolve the Minnesota Cable Communications Association’s concerns, testified the association’s counsel, Anthony Mendoza. Then "this bill still has more work to do," responded Sen. Andrew Mathews (R), who voted no on clearing the legislation. Sen. Glenn Gruenhagen (R) also opposed the bill, saying the state should have a “level playing field” when seeking grants. The Wireless ISP Association opposed SF-4742 in a Wednesday letter to the committee. The bill’s proposed changes to state broadband law “will significantly impair WISPA members’ ability to compete for grant dollars, will delay important broadband expansion projects, and will put increased strain on an already challenging workforce availability landscape,” the association wrote.
South Dakota Gov. Kristi Noem (R) signed 911 legislation, HB-1092, which would increase South Dakota’s 911 fee on monthly phone bills to $2, from $1.25, the governor’s office said Tuesday. The legislature passed the bill earlier this month (see 2403060026).