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Verizon Wireless Opt-Out Plan For Customer Records
An anonymous reader writes to let us know that Verizon Wireless is planning to share its customers' calling records (called CPNI) with "our affiliates, agents and parent companies (including Vodafone) and their subsidiaries." The article explains that CPNI "includes the numbers of incoming and outgoing calls and time spent on each call, among other data." Some subscribers, it's not known if it's all of them, received a letter in the mail giving them 30 days to opt out of this sharing by calling 1-800-333-9956. Skydeck, a mobile and wireless services company, seems to have been the first to call attention to the Verizon initiative on their blog; they also posted a scan of the letter (sideways PDF) from Verizon.
When I hear things like that I always wonder how they handle past customer data. Those folks are not being given any "opt out" provision. Same as when companies get bought or sold off for parts. Current customers of course are respected since they have value but past customers are only worth the data you can mine out of them.
Some drink at the fountain of knowledge. Others just gargle.
It's just evil that they make you do it at all.
023AD01("Child", "Evil");
Saves you from having to enter your SSN every time.
I haven't called, but I'm gathering from you that they ask you to enter it once? They send a piece of mail (with their logo on it, so you know it's really them) to you asking you to call a number that could be anyone and ask you to enter your social security number? Thanks, Verizon, for making identity theft even easier.
I know this is common practice, but I'd still like to believe that this would be a non-binding contract. Especially since there's no mutual consideration. Here's an excerpt from the Michigan Law Review regarding Silence as Acceptance of an Offer:
It is generally held that an offeree has a right to make no reply to offers, and that his silence and inaction cannot be construed as an assent to the offer. This is true even though the offer states that silence will be taken as consent, for the offeror cannot prescribe conditions of rejections so as to turn silence on the part of the offeree into acceptance.The Virginia Law Review continues to talk about when silence is binding:
Where the offeror acts to his detriment in reasonable reliance on the offeree's conduct, the offeree's inaction, will be deemed an acceptance after he has remained silent for a reasonable length of time.The difference here, though is that Verizon isn't acting to its detriment, they're going to be getting a big fat cheque out of this from a 3rd party. So, once again, it goes back to mutual consideration.
It seems that Verizon is trying to sidestep the 12/2/07 deadline for new rules regarding CPNI. Earlier this year, the FCC decided to change the CPNI rules for carriers (both wireless and wireline) to try and beef-up the security around the call details that these carriers handle: http://www.ipbusinessmag.com/departments.php?department_id=6&article_id=23
One thing that is clear from the FCC ruling is that "The FCC changed this requirement to mandate that customers obtain "opt-in" approval from their customers prior to sharing CPNI with their joint venture partners and independent contractors for marketing purposes only." Verizon shouldn't be able to have a global "opt-in" through silence, unless they're trying to get that recorded before the more stringent policy goes into effect in December.