Telephone CorporationsAutomatic Dialing-announcing Devices
Section § 2871
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.
Section § 2872
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.
Section § 2872.5
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.
Section § 2873
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.
Section § 2874
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.
Section § 2875
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.
Section § 2875.5
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.
Section § 2876
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.