Consumer Seeks To Block Mo.'s Cellphone Locator Law

Law360, New York (August 28, 2012, 4:36 PM EDT) -- A Missouri woman on Monday filed a putative class action to block the state's new Kelsey's Law requiring telecommunication service providers to disclose a cellphone user's physical location to law enforcement officers who claim an emergency.

Mary Hopwood's complaint, filed in the Western District of Missouri, alleges that House Bill No. 1108, which went into effect Tuesday, is preempted by the federal Electronic Communications Privacy Act, which allows wireless providers to refuse illegitimate requests for a subscriber's location information. The state law also eliminates a customer's...
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