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From: riddle@hoss.unl.edu (Michael H. Riddle)
Newsgroups: comp.dcom.telecom
Subject: Re: Mercury Marketing Again
Message-ID: <13825@accuvax.nwu.edu>
Date: 19 Oct 90 17:40:11 GMT
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In <13623@accuvax.nwu.edu> Steve Forrette <forrette@cory.berkeley.edu>
writes:

>>>I have also gotten some annoying sales calls from the Mercury, though
>>>not lately.  At least they seem to obey the law against having a
>>>computer initiate the call, without a human being talking to you
>>>first. ...

>>I understood this to be California law, also, but I found no reference
>>to it at the UCLA Law Library.  Any Californian have the section
>>number?

>Many of the "laws" regulating telephone usage are administrative laws,
>not statutory laws.  They are in the form of tariffs on file with the
>PUC.  Although not "laws" as most people think of them, since they
>weren't passed by the legislature, they have the same force and effect
>(ever heard of the Internal Revenue Code?)

A little research time at the University of Nebraska College of Law
library revealed the following, which I think answers the followup to
the original question (note this is California law.  As the earlier
post notes, each state is different).

                   ANNOTATED CALIFORNIA CODES
                      PUBLIC UTILITIES CODE
         ARTICLE 1. AUTOMATIC DIALING-ANNOUNCING DEVICES
 
 s 2871. Definitions
 
  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.
 
 s 2874. Operation of device
 
  (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.
 
 s 2876. Penalties
 
  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-announcing device for a period of time which shall be
specified by the commission.
 

riddle@hoss.unl.edu    riddle@crchpux.unl.edu              
mike.riddle@f27.n285.z1.fidonet.org 
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