SB 9

Current law prohibits certain telephone solicitors and their employees and

contractors from using an electronically prerecorded message in a telephone

solicitation without the consent of the recipient of the telephone call. The prohibition

applies to messages that encourage the recipient to purchase property, goods, or

services. The prohibition does not apply to nonprofit organizations, which are

excluded from the definition of "telephone solicitor."

This bill repeals the foregoing prohibition and instead prohibits any caller from

using an automatic dialing-announcing device to disseminate a prerecorded or

synthesized voice message unless an exception applies. The bill defines "automatic

dialing-announcing device" as a device that selects and dials telephone numbers and

that, working alone or in conjunction with other equipment, disseminates such a

message. The bill defines "caller" as any person who uses a telephone or telephone

line to contact or attempt to contact a telephone service subscriber or any person

living or residing with such a subscriber. Unlike current law, the bill is not limited

to telephone solicitors. Also unlike current law, nonprofit organizations are subject

to the prohibition. In addition, the bill applies to any type of message, and, unlike

current law, is not limited to messages encouraging the purchase of property, goods,

or services. In addition, the bill applies to any interstate or intrastate message that

is received by a person in this state.

The bill includes exceptions that allow a caller to use an automatic

dialing-announcing device under specified circumstances. First, a caller may use

such a device to contact or attempt to contact a telephone service subscriber who has

knowingly and voluntarily requested, consented to, permitted, or authorized receipt

of the message disseminated by the device. Another exception allows a caller to use

such a device if the disseminated message is immediately preceded by a live operator

who obtains the telephone service subscriber's consent before the message is

delivered. Also, the prohibition does not apply to messages from public school boards,

governing bodies of certain private schools, or charter school operators to their

students, parents, or employees. The prohibition also does not apply to messages

advising employees of work schedules.

Under current law, the Department of Agriculture, Trade and Consumer

Protection (DATCP) enforces certain requirements regarding telephone solicitors.

The bill requires DATCP to also investigate violations of the bill and bring

enforcement actions for violations. The bill also creates a civil forfeiture of no more

than $100 for each violation of the bill, which is the same amount as the civil

forfeiture under current law for violating the telephone solicitor requirements.