BILL ANALYSIS
AB 870
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 870 (Wesson)
As Amended September 4 , 2001
Majority vote
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|ASSEMBLY: |71-2 |(May 24, 2001) |SENATE: |25-11|(September 6, |
| | | | | |2001) |
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Original Committee Reference: U. & C.
SUMMARY : Prohibits use of certain types of automatic calling
devices capable of storing and calling random numbers under
certain circumstances. Specifically, this bill :
1)Prohibits the use of automatic calling devices 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, and the term "pre-recorded
message." Deletion of this term requires that a live person
attend outbound telemarketing calls.
EXISTING LAW authorizes the California Public Utilities
Commission (CPUC) to control or regulate the use of automatic
calling devices 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 automatic
dialing devices 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
AB 870
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and/or the Attorney General for enforcement.
COMMENTS : This bill addresses the proliferation in automatic
calling devices as means of effecting unsolicited and intrusive
telephone calls. This bill acknowledges that there is a need to
balance individual privacy and public safety concerns with
commercial free speech rights. Thus, this measure very narrowly
addresses the portion of these calls which are abandoned, or
which result in no person being available to the called party.
This measures requires CPUC to determine an acceptable error
rate by July 1, 2002, and requires companies which operate these
automatic dialing devices to keep records of abandoned calls.
These measures 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 a huge annoyances to called parties and also
reduce unnecessary traffic across the public switched telephone
network. This measure 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: 0002646