By : Ron Sokol | Category : Uncategorized | Comments Off on Are robocalls legal? How can we stop them?
24th Jun 2014
Q: This past primary election really drove us crazy with all the calls, most of which seemed to be recorded voices. Is that legal?
— K.L., Torrance
A: Like my family, you received a lot of unrequested robocalls. We feel your pain, believe me. These calls are done by machines called automatic dialing-announcing devices (ADADs). They can store hundreds to thousands of phone numbers. The California Public Utilities Commission indicates they are legal only when introduced by a live person, with limited exceptions such as: (a) you are part of, or a client of, a company or an organization that utilizes them to deliver messages, or (b) police, emergency or fire services need to notify people concerning an emergency.
As to political candidates, or those supporting particular candidates or issues, the law is found in California Public Utilities Code Sections 2871-2876. These code provisions impose several requirements and restrictions, including, as noted above, the call must be introduced first by a live voice, consent otherwise is required, no calls can be made between 9 p.m. and 9 a.m., and there are civil penalties for violation of the law. Take a look at Sections 2871 through 2876.
Q: With all the robocalls we get, who can we complain to?
— F.D., Gardena
A: One option is to file a complaint with the Federal Communications Commission. The FCC cannot award damages to consumers in most cases, but can investigate violators and take action. Another option is to contact your local phone company and file a complaint. The phone company then is tasked with telling the person or business that it is not following the law, and provide some time for the problem to be corrected. If the business does not comply, the phone company can disconnect that phone line.
If you do not get satisfaction through your local phone company, you can file a complaint online with the PUC at http://www.cpuc.ca.gov/PUC/forms/Complaints/, call there at 800-649-7570, or write to California Public Utilities Commission, Consumer Affairs Branch, 505 Van Ness Ave., San Francisco, CA 94102-3298. Also, the Federal Trade Commission may be of assistance (visit its website at http://www.consumer.ftc.gov/features/feature-0025-robocalls).
Q: Is there a way to stop robocalls, unwanted faxes, text message, all that?
— H.S., Long Beach
A: You can limit at least some unwanted robocalls by listing your number in the Do Not Call Registry (https://www.donotcall.gov or 888-382-1222). Research indicates it can take a little while for the registry to work. The California Department of Consumer Affairs also has a list of suggestions on dealing with unwanted calls, emails, faxes, texts, even mail. Go to http://www.dca.ca.gov/publications/no_spam.shtml. The FCC adopted new, further consumer protection rules in 2013, but it remains challenging to stop these marauders (some work from overseas).
It may be of interest to you to learn that the Federal Trade Commission had a public contest in 2012 with an offer of $50,000 to the person or small team that proposed the best way to block robocalls. One of the winners, Nomorobo, can hang up on the robocall after just one ring. It is no charge to individuals, while businesses pay a fee. But it can identify and block robocalls only if your phone carrier offers “simultaneous ring” (my understanding is only a few carriers offer that feature). So, if you have caller ID, take down the robocallers’ numbers and report them to the FTC via the Do Not Call Registry. Don’t be passive — that’s the bottom line.
Ron Sokol is a Manhattan Beach attorney with more than 30 years of experience. His column appears on Wednesdays. Email questions and comments to him at RonSEsq@aol.com or write to him at Ask The Lawyer, Daily Breeze, 21250 Hawthorne Blvd., Suite 170, Torrance, CA 90503. This column is a summary of the law and not a substitute for legal consultation on any particular case.
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