Section § 2871

Explanation

This law defines an "automatic dialing-announcing device" as equipment that can store or generate phone numbers to call automatically and play a prerecorded message to those numbers.

As used in this article, “automatic dialing-announcing device” means any automatic equipment which incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called and the capability, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called.

Section § 2872

Explanation

This California law regulates the use of automated dialing systems that make calls using pre-recorded messages. You can't use these systems between 9 p.m. and 9 a.m. There are exceptions for specific groups, such as schools, emergency services, and utility companies, when contacting people for essential updates or emergencies. The law also doesn't apply if the calls are made to individuals who have a pre-existing relationship with the caller, or if the recipient requests the call. The commission can resolve any issues or disputes about these rules.

(a)CA Public Utilities Code § 2872(a) The connection of automatic dialing-announcing devices to a telephone line is subject to this article and to the jurisdiction, control, and regulation of the commission.
(b)CA Public Utilities Code § 2872(b) A person shall not operate an automatic dialing-announcing device except in accordance with this article. The use of such a device by any person, either individually or acting as an officer, agent, or employee of a person or corporation operating automatic dialing-announcing devices, is subject to this article.
(c)CA Public Utilities Code § 2872(c)  A person shall not operate an automatic dialing-announcing device in this state to place a call that is received by a telephone in this state during the hours between 9 p.m. and 9 a.m. California time.
(d)CA Public Utilities Code § 2872(d) This article does not prohibit the use of an automatic dialing-announcing device by any person exclusively on behalf of any of the following:
(1)CA Public Utilities Code § 2872(d)(1) A school for purposes of contacting parents or guardians of pupils regarding attendance or the health or safety of pupils.
(2)CA Public Utilities Code § 2872(d)(2) An exempt organization under the Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code) for purposes of contacting its members.
(3)CA Public Utilities Code § 2872(d)(3) A privately owned or publicly owned cable television system for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber.
(4)CA Public Utilities Code § 2872(d)(4) A privately owned or publicly owned public utility for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber or for purposes of contacting employees for emergency actions or repairs required for public safety or to restore services.
(5)CA Public Utilities Code § 2872(d)(5) A petroleum refinery, chemical processing plant, or nuclear powerplant for purposes of advising residents, public service agencies, and the news media in its vicinity of an actual or potential life-threatening emergency.
(e)Copy CA Public Utilities Code § 2872(e)
(1)Copy CA Public Utilities Code § 2872(e)(1) This article does not prohibit law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, from placing calls through automatic dialing-announcing devices, if those devices are used for any of the following purposes:
(A)CA Public Utilities Code § 2872(e)(1)(A) Providing public service information relating to public safety.
(B)CA Public Utilities Code § 2872(e)(1)(B) Providing information concerning police or fire emergencies.
(C)CA Public Utilities Code § 2872(e)(1)(C) Providing warnings of impending or threatened emergencies.
(D)CA Public Utilities Code § 2872(e)(1)(D) Testing all modes of 911 emergency telephone systems, including basic 911 telephone services as described in Section 53107 of the Government Code, enhanced 911 emergency telephone services as described in Section 53119 of the Government Code, Next Generation 911 emergency communication systems as described in Section 53121 of the Government Code, and similar 911 technologies, for data accuracy and emergency alert notification system capabilities.
(2)CA Public Utilities Code § 2872(e)(2) Calls authorized by this subdivision shall not be subject to Section 2874.
(f)CA Public Utilities Code § 2872(f) This article does not apply to any automatic dialing-announcing device that is not used to randomly or sequentially dial telephone numbers, but that is used solely to transmit a message to an established business associate, customer, or other person having an established relationship with the person using the automatic dialing-announcing device to transmit the message, or to any call generated at the request of the recipient.
(g)CA Public Utilities Code § 2872(g) The commission may determine any question of fact arising under this section.

Section § 2872.5

Explanation

This law requires the commission, working with the Office of Emergency Services, to investigate whether there should be a standard system for using automatic dialing devices to notify the public during local emergencies. They will only set these standards if the benefits outweigh the costs.

The commission, in consultation with the Office of Emergency Services, shall open an investigative proceeding to determine whether standardized notification systems and protocol should be utilized by entities that are authorized to use automatic dialing-announcing devices pursuant to subdivision (e) of Section 2872, to facilitate notification of affected members of the public of local emergencies. The commission shall not establish standards for notification systems or standard notification protocol unless it determines that the benefits of the standards exceed the costs.

Section § 2873

Explanation

This law says that automatic dialing machines can only make phone calls if the person receiving the call has agreed to it beforehand. This agreement must be made between the caller and the person being called, or it must comply with another rule outlined in Section 2874.

Automatic dialing-announcing devices may be used to place calls over telephone lines only pursuant to a prior agreement between the persons involved, whereby the person called has agreed that he or she consents to receive such calls from the person calling, or as specified in Section 2874.

Section § 2874

Explanation

This law states that when making calls with an automatic dialing-announcing device, the caller must first speak with a natural voice to announce the nature of the call, the business or organization's details if applicable, and ask for consent to play a prerecorded message.

The caller must also inform the recipient if the message uses an artificial voice. The caller must disconnect the device once the call ends. Artificial intelligence is defined as a system capable of generating outputs that affect environments, and an artificial voice is one created or changed significantly by AI.

(a)CA Public Utilities Code § 2874(a) Whenever telephone calls are placed through the use of an automatic dialing-announcing device, the device may be operated only after an unrecorded, natural voice announcement has been made to the person called by the person calling. The announcement shall do all of the following:
(1)CA Public Utilities Code § 2874(a)(1) State the nature of the call and the name, address, and telephone number of the business or organization being represented, if any.
(2)CA Public Utilities Code § 2874(a)(2) Inquire as to whether the person called consents to hear the prerecorded message of the person calling.
(3)CA Public Utilities Code § 2874(a)(3) Inform the person called if the prerecorded message uses an artificial voice.
(b)CA Public Utilities Code § 2874(b) The person calling, as described in subdivision (a), shall disconnect the automatic dialing-announcing device from the telephone line upon the termination of the call by either the person calling or the person called.
(c)CA Public Utilities Code § 2874(c) For purposes of this section, both of the following definitions apply:
(1)CA Public Utilities Code § 2874(c)(1) “Artificial intelligence” means an engineered or machine-based system that varies in its level of autonomy and that can, for explicit or implicit objectives, infer from the input it receives how to generate outputs that can influence physical or virtual environments.
(2)CA Public Utilities Code § 2874(c)(2) “Artificial voice” means a voice that is generated or significantly altered using artificial intelligence.

Section § 2875

Explanation

This law section says that if you want to use an automatic dialing device to make calls, you need to get permission first from the phone company in the area where you plan to call. When you apply, you must provide details about the device, when and how often the calls will be made, and how long calls typically last. The phone company will check whether this could cause too much traffic on their lines or affect other customers. They can deny your application or adjust it to prevent any issues.

No person shall connect any automatic dialing-announcing device to any telephone line without first making written application to the telephone corporation within whose service area telephone calls through the use of such device are proposed to be placed. In such application, the person shall provide information as to the type of automatic dialing-announcing device proposed to be connected, the time of day such telephone calls are proposed to be placed using such device, the anticipated number of calls proposed to be placed during the specified calling period, the average length of a completed call, and such additional information as the corporation or the commission may require. Upon receiving such an application for service, the corporation shall review the furnished information and, if it appears that calling patterns would create a traffic overload condition or the service would be detrimental to the services of other customers of the corporation, it may deny the application or modify the application and grant the application as so modified.

Section § 2875.5

Explanation

This law states that starting from July 1, 2002, nobody can use automatic dialing equipment to call people unless a live person, like an agent or telemarketer, is ready to speak to the person being called.

There should be no calls where the recipient doesn't get to speak to a real person. However, the commission is allowed to set an acceptable error rate for these kinds of calls where there's nobody available to talk by July 1, 2002.

The commission can also require people who use such automatic dialing systems to keep records of problematic calls and may ask for those records to be submitted to them.

(a)CA Public Utilities Code § 2875.5(a) On and after July 1, 2002, no person operating any automatic equipment that incorporates a storage capability of telephone numbers to be called or a random or sequential number generator capable of producing numbers to be called may make a telephone connection for which no person, acting as an agent or telemarketer, is available for the person called.
(b)CA Public Utilities Code § 2875.5(b) Notwithstanding subdivision (a), the commission shall establish an acceptable error rate for telephone connections made in violation of subdivision (a). The commission shall determine the error rate, if any, before July 1, 2002.
(c)CA Public Utilities Code § 2875.5(c) The commission may require any person operating equipment as described in subdivision (a) to maintain records of telephone connections made for which no person, acting as an agent or telemarketer, is available for the person called. The commission may require copies of those records to be submitted to the commission.

Section § 2876

Explanation

If someone breaks this law, they commit a civil offense and could face two possible penalties. First, they might have to pay a fine of up to $500 for each violation, which can be enforced by the commission. Second, their phone service linked to automatic dialing or announcing devices might be disconnected for a certain period specified by the commission.

Any person violating this article is guilty of a civil offense and is subject to either or both of the following penalties:
(a)CA Public Utilities Code § 2876(a) A fine of not to exceed five hundred dollars ($500) for each violation, levied and enforced by the commission, on complaint or on its own motion, pursuant to Chapter 11 (commencing with Section 2100) of Part 1.
(b)CA Public Utilities Code § 2876(b) Disconnection of telephone service to the automatic dialing-announcin g device for a period of time which shall be specified by the commission.