I have a bone to pick with California Assemblymember Alberto Torrico (D-Fremont), a candidate for California Attorney General.
Despite California law prohibiting the use of so-called “robo-calling,” Torrico’s campaign has repeatedly used an “automatic dialing-announcement device” to dial our home phone number to deliver a recorded message in support of his campaign.
Sections 2873 and 2874 of the California Public Utilities Code set forth the conditions under which these robo-calls may occur, to wit:
2873. 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.
I have not consented to receive any such calls from Assemblymember Torrico.
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) State the nature of the call and the name, address, and telephone number of the business or organization being represented, if any.
(2) Inquire as to whether the person called consents to hear the prerecorded message of the person calling.
(b) The calling person 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.
(Emphasis added.) Full text of the code available online.
None of these calls has been announced by an unrecorded, natural voice announcement (i.e., a live person), nor have they asked me for permission to play the message, nor have I been offered the opportunity to disconnect, rather than being subjected to the message.
Having failed to qualify as legally dialed robo-calls under California law, these calls are, instead, a violation of the law.
Yes, it is a simple matter to hang up the phone, but the principle matters here. Do we really want an Attorney General — the chief law enforcement officer for the state — who violates the law in his campaign seeking the office? I think not.