Telecommunications: automatic dialing-announcing devices: call mitigation technology.

Existing law authorizes the Public Utilities Commission to control and regulate the use of automatic dialing-announcing devices, which existing law defines as automatic equipment that incorporates a storage capability of telephone numbers to be called, or a random or sequential number generator capable of producing numbers to be called, and the capability to disseminate a prerecorded message to the telephone number called. Existing law prohibits a person from operating an automatic dialing-announcing device except for specified purposes and uses, including to transmit a message to an established business associate, customer, or other person having an established relationship with the person using the automatic dialing-announcing device to transmit the message or to call a recipient at the recipient's request. Existing law prohibits a person operating an automatic dialing-announcing device from making a telephone connection for which no person, acting as an agent or telemarketer, is available for the person called. This bill would instead define "automatic dialing-announcing devices" for these purposes as automatic equipment that stores and automatically calls, or automatically sends text messages to, telephone numbers without significant human involvement in the act of calling or sending, that generates in a random or sequential order and calls, or sends text messages to, telephone numbers without significant human involvement in the act of calling or sending, that makes telephone calls that include artificial or prerecorded voice messages, or that sends text messages that include prewritten text messages. The bill would repeal the authorization for the use of automatic dialing-announcing devices to make calls pursuant to an established business relationship or the recipient's request. Existing law authorizes the use of automatic dialing-announcing devices pursuant to a prior agreement between the persons involved, whereby the person called has consented to receive the call. This bill would specifically authorize the person called to revoke that consent at any time and in any reasonable manner, regardless of the context in which the consent was provided. The bill would establish a presumption of consent by a recipient of a telephone call, using an automatic dialing-announcing device, made to a telephone number selected from stored numbers obtained from a list of registered voters, to immediately connect the recipient with a person waiting to be connected for a live-voice communication regarding the recipient's plans to vote in an election, as specified. Under existing law, a violation of an order, decision, rule, direction, demand, or requirement of the commission is a crime. Because a violation of an order, decision, rule, direction, demand, or requirement of the commission implementing the bill's requirements would be a crime, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.