This week, the House of Representatives passed H.R. 1123, “the Unlocking Consumer Choice and Wireless Competition Act.” The text included a last-minute addition that limited the right to unlock a cell phone to the individual purchaser. This was in contrast to a previous version of the bill that CompTIA supported, one that did not have a distinction between the individual purchaser and businesses that wish to engage in what is referred to as bulk cell phone unlocking for resale purposes.
While we strongly support the right of the consumer to be able to unlock his or her cell phone, the overall bill is now problematic. The prohibition for bulk purchasers is too much of a blunt instrument. It prevents small businesses from helping consumers unlock their phones and fairly purchasing and servicing cell phones for resale. These businesses, like consumers, are still obligated to follow all contractual obligations with the wireless provider. Once those obligations are met, however, the ability to switch carriers should be allowed. The limitation contained in H.R. 1123 harms small business and impinges on consumer choice.
We hope the Senate will consider embracing the Unlocking Consumer Choice and Wireless Competition Act in its original form, which contained no bulk cell phone unlocking prohibition — or move forward with a common sense compromise.
