Index for Save Simi Valley
Simi Valley Robocalls and the Law
It seems that this is the year of the Robo Call in Simi Valley.
First we get the sleazy attack piece on Sojka with the actual people behind it
then we get Barbra Williamson's robo call in which Mike Judge is speaking
One aspect that bothers me about Williamson's campaign is that she is claiming
that people should vote for her because she is female,
which is sexist,
but which is typically accept when if the reverse was said it would be
Yes, there is a double standard.
I also have to wonder if Williamson has had to resort to using robocalls
because she is afraid of not getting elected and not getting her increased
pension due to exceeding 20 years.
Below is the law regarding automatic dialing-announcing devices, aka robo calling devices. While political calls are exempt under the Federal law, CA law does not exempt political calls with respect to this law. Since Williamson's automated call had the caller-id report the call coming from 805-231-2497, it appears that the call came from CA and since there was no one who asked if the person being called was willing to hear the message, it could be in violation of the law and people could sue Barbra Williamson for $500, as the law allows.
People are still trying to figure out who is behind the Sojka attack since the group that is claimed paid for it does not seem to exist. The campaign statements will show where money has been spent by candidates, but unfortunately those statements will not be available until after the election. If the Sojka attack robo call was done by a Council candidate, it should show up as a payment in their campaign statement. I don't recall getting a robo call in Simi Valley for a Council election in the past, which makes me wonder if the fact that Williamson has resorted to using a robo call is related to the Sojka attack robo call. What better way to hide payment to a robo call company for the Sojka attack ad than to pay for your own robo calls.
2871. As used in this article, "automatic dialing-announcing device" means any automatic equipment which 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, working alone or in conjunction with other equipment, to disseminate a prerecorded message to the telephone number called. 2872. (a) The connection of automatic dialing-announcing devices to a telephone line is subject to this article and to the jurisdiction, control, and regulation of the commission. (b) No person shall operate an automatic dialing-announcing device except in accordance with this article. The use of such a device by any person, either individually or acting as an officer, agent, or employee of a person or corporation operating automatic dialing-announcing devices, is subject to this article. (c) No person shall operate an automatic dialing-announcing device in this state to place a call that is received by a telephone in this state during the hours between 9 p.m. and 9 a.m. California time. (d) This article does not prohibit the use of an automatic dialing-announcing device by any person exclusively on behalf of any of the following: (1) A school for purposes of contacting parents or guardians of pupils regarding attendance. (2) An exempt organization under the Bank and Corporation Tax Law (Part 11 (commencing with Section 23001) of Division 2 of the Revenue and Taxation Code) for purposes of contacting its members. (3) A privately owned or publicly owned cable television system for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber. (4) A privately owned or publicly owned public utility for purposes of contacting customers or subscribers regarding the previously arranged installation of facilities on the premises of the customer or subscriber or for purposes of contacting employees for emergency actions or repairs required for public safety or to restore services. (5) A petroleum refinery, chemical processing plant, or nuclear powerplant for purposes of advising residents, public service agencies, and the news media in its vicinity of an actual or potential life-threatening emergency. (e) This article does not prohibit law enforcement agencies, fire protection agencies, public health agencies, public environmental health agencies, city or county emergency services planning agencies, or any private for-profit agency operating under contract with, and at the direction of, one or more of these agencies, from placing calls through automatic dialing-announcing devices, if those devices are used for any of the following purposes: (1) Providing public service information relating to public safety. (2) Providing information concerning police or fire emergencies. (3) Providing warnings of impending or threatened emergencies. These calls shall not be subject to Section 2874. (f) This article does not apply to any automatic dialing-announcing device that is not used to randomly or sequentially dial telephone numbers but that is used solely 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 any call generated at the request of the recipient. (g) The commission may determine any question of fact arising under this section. 2872.5. (a) The commission, in consultation with the California Emergency Management Agency and the California Technology Agency, shall open an investigative proceeding to determine whether standardized notification systems and protocol should be utilized by entities that are authorized to use automatic dialing-announcing devices pursuant to subdivision (e) of Section 2872, to facilitate notification of affected members of the public of local emergencies. The commission shall not establish standards for notification systems or standard notification protocol unless it determines that the benefits of the standards exceed the costs. (b) Before January 1, 2008, the commission shall prepare and submit to the Legislature a report on the results of the proceeding, including recommendations for funding notification systems and any statutory modifications needed to facilitate notification of affected members of the public of local emergencies. 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. 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. 2875. No person shall connect any automatic dialing-announcing device to any telephone line without first making written application to the telephone corporation within whose service area telephone calls through the use of such device are proposed to be placed. In such application, the person shall provide information as to the type of automatic dialing-announcing device proposed to be connected, the time of day such telephone calls are proposed to be placed using such device, the anticipated number of calls proposed to be placed during the specified calling period, the average length of a completed call, and such additional information as the corporation or the commission may require. Upon receiving such an application for service, the corporation shall review the furnished information and, if it appears that calling patterns would create a traffic overload condition or the service would be detrimental to the services of other customers of the corporation, it may deny the application or modify the application and grant the application as so modified. 2875.5. (a) On and after July 1, 2002, no person operating any 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 may make a telephone connection for which no person, acting as an agent or telemarketer, is available for the person called. (b) Notwithstanding subdivision (a), the commission shall establish an acceptable error rate for telephone connections made in violation of subdivision (a). The commission shall determine the error rate, if any, before July 1, 2002. (c) The commission may require any person operating equipment as described in subdivision (a) to maintain records of telephone connections made for which no person, acting as an agent or telemarketer, is available for the person called. The commission may require copies of those records to be submitted to the commission. 2876. Any person violating this article is guilty of a civil offense and is subject to either or both of the following penalties: (a) A fine of not to exceed five hundred dollars ($500) for each violation, levied and enforced by the commission, on complaint or on its own motion, pursuant to Chapter 11 (commencing with Section 2100) of Part 1. (b) Disconnection of telephone service to the automatic dialing-announcin g device for a period of time which shall be specified by the commission.
Index for Save Simi Valley
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