Press Release  AG Campbell Urges Federal Communications Commission To Adopt Rule Increasing Consumer Choice Of Cellphone Providers

BOSTON — Massachusetts Attorney General Andrea Joy Campbell is calling on the Federal Communications Commission (FCC) to pass a proposed rule that would allow consumers the freedom to switch mobile service providers while keeping their existing mobile phones. If adopted, the mobile phone unlocking rule would require a uniform baseline for all providers to unlock devices within 60 days of activation in most circumstances – reducing consumer cost and confusion in the marketplace.

“Inconsistent policies and arbitrary timelines across carriers have made purchasing a mobile phone and choosing a service provider all too confusing and expensive for consumers,” said AG Campbell. “By adopting this rule, and creating a more uniform unlocking standard, the Federal Communications Commission has an opportunity to empower consumers, foster competition and increase choice in the wireless marketplace.”

In a letter sent to the FCC on Friday, AG Campbell and a coalition of 15 attorneys general state that their offices consistently receive complaints from consumers who have been misinformed or deceived about wireless device offers, including offers of “free” cellphones. Consumers report that these offers lure them into entering a contract with a particular service provider for an extended period of time.

The coalition urges the FCC to adopt the mobile phone unlocking rule, which could reduce gamesmanship from providers and extend the following benefits to consumers:

• Reduced device costs. Currently, consumers may struggle to trade in their devices to other wireless providers or sell their mobile phones on the secondary market if the device is still locked by a provider. The proposed rule would lift these restrictions after 60 days in most circumstances, increasing the supply of devices available for purchase at a lower cost. 

• More affordable service provider plans. By allowing consumers to keep their mobile phones and switch to a new provider, the proposed rule would create more competition between service providers and thus create the opportunity for more affordable service plans. 

• Standardized 60-day unlocking timeline across all providers. Mobile service providers have a variety of standards for unlocking mobile phones. The proposed rule would set clear standards for all providers. This would create transparency for consumers and reduce confusion about when consumers can pursue another service that may better meet their needs.

The Massachusetts Attorney General’s Office is joined by Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Pennsylvania, and Rhode Island in calling for the passage of this proposed rule. In Massachusetts, this matter was handled by Assistant Attorney General Carol Guerrero of the AG’s Consumer Protection Division, and Division Chief Jared Rinehimer in the AG’s Privacy and Responsible Technology Division.

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