BILL ANALYSIS
AB 870
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 870 (Wesson)
As Amended July 2, 2001
Majority vote
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|ASSEMBLY: |71-2 |(May 24, 2001) |SENATE: |25-6 |(July 20, |
| | | | | |2001) |
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Original Committee Reference: U. & C.
SUMMARY : Prohibits the use of certain types of automatic
calling devices (ACDs) capable of storing and calling random
numbers under certain circumstances. Specifically, this bill :
1)Prohibits the use of ACDs which are capable of sequentially or
randomly calling telephone numbers with no person or
prerecorded message available for the person called on or
after July 1, 2002.
2)Allows California Public Utilities Commission (CPUC) to
establish an acceptable error rate for such devices on or
after July 1, 2002.
The senate amendments delete the Legislative findings and
declarations section from this bill.
EXISTING LAW authorizes CPUC to control or regulate the use of
ACDs and specifies the hours during which the devices may not be
operated.
AS PASSED BY THE ASSEMBLY , this bill was substantially the same
but contained findings and declarations with regard to ACDs and
consumer annoyance.
FISCAL EFFECT :
1)Minor absorbable special fund costs to CPUC to establish the
error rate and maintain records.
2)Potential absorbable costs, offset by fine revenue, to CPUC
and/or the Attorney General for enforcement.
COMMENTS : This bill addresses the proliferation in ACDs as
means of effecting unsolicited and intrusive telephone calls.
AB 870
Page 2
This bill acknowledges that there is a need to balance
individual privacy and public safety concerns with commercial
free speech rights. Thus, this bill very narrowly addresses the
portion of these calls which are abandoned, or which result in
no person or prerecorded message being available to the called
party.
This bill requires CPUC to determine an acceptable error rate by
July 1, 2002, and requires companies which operate these ACDs to
keep records of abandoned calls. This bill should reduce the
overall number of abandoned calls, where a device dials but no
recorded message or live person comes on the line when the call
is answered. This should eliminate both huge annoyances to
called parties, and also reduce unnecessary traffic across the
public switched telephone network. This bill should also result
in better self-policing of the use of automatic dialers and
provides a mechanism for CPUC to determine reasonable operation
of such devices while minimizing their annoyance factor.
Analysis Prepared by : Kelly Boyd / U. & C. / (916) 319-2083
FN: 0002103