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Bill would limit automated poltical calls

Wednesday, July 30, 2008

(The Bakersfield Californian)

| Wednesday, Jul 30 2008 6:00 PM

People annoyed by a barrage of political phone solicitations could get some relief through a bill in Congress and by joining a new do-not-call list.

Sen. Dianne Feinstein, D-Calif., is sponsoring the Robocall Privacy Act of 2008, which would limit when constituents can be contacted by political entities. She stopped robocalling herself after constituents complained about recorded messages from her at 4 a.m. one night.

“They are being extensively used throughout the nation,” said Howard Gantman, staff director for the U.S. Senate Committee on Rules and Administration. “Often, they are getting people very angry.”

Lots of locals were angry when they received automated calls from Rep. Kevin McCarthy, R-Bakersfield, and his predecessor, Bill Thomas, on behalf of a judge candidate earlier this year.

Feinstein’s bill, a similar version of which is in the House, would require political automated messages discussing federal candidates to reveal the identity of the caller; say the call is a recorded message; and have the originating phone number appear on caller ID.

Calls couldn’t be made between 9 p.m. and 8 a.m. or to the same phone more than twice a day.

The measures would take effect 60 days before a general election and 30 days before a primary. The Federal Election Commission would handle enforcement and could fine someone $1,000 or more if the violation is intentional.

There already are stricter rules for political calls placed in California.

Political automated messages must be introduced by an unrecorded person who tells callers the name, address, telephone and reason for the call from a business or organization, according to the California Public Utilities Code. Also, the operator must ask if the person wishes to hear the message.

Most people, including politicians, are unaware of the statute, said Shaun Dakin, CEO and founder of Citizens for Civil Discourse. To prevent robocalling, Dakin founded the first National Political Do Not Contact Registry, which now has more than 50,000 members.

Dakin started the list because political calls are exempt from the National Do Not Call Registry, as are tax-exempt nonprofits, surveys, market research and religious calls.

While Dakin’s registry will not prevent all political calls, he has had five officeholders or candidates nationwide and a Democratic robocalling firm commit to not call those on the list.

“Any politicians from dog catchers to presidential candidates are using these,” he said. “It is an attractive and cheap way to reach out to voters.”

For the November campaign, the organization is asking its California members to file complaints if they receive robocalls without an operator introduction. Members can fill out a complaint form at www.StopIllegalCaRobocalls.org starting in September.

People can also file complaints with their telephone companies. If the telephone company does not respond, people can file with the California Public Utilities Commission.

Utilities commission spokeswoman Susan Carothers said she knows of two consumer complaints over the past two years.

Violating the robocalling statute can result in a fine of up to $500 for each violation and disconnection of telephone service.

McCarthy and Thomas recorded robocalls in support of unsuccessful Kern County Superior Court judge candidate Matt Brady in the June 3 election, annoying constituents, especially because the calls drove up cell phone bills.

McCarthy’s spokesman, Nick Bouknight, said he will check with authorities about robocall regulations. It was unclear whether the calls were placed in California.

DO-NOT-CALL LISTS

National Do Not Call Registry

Register here. This will protect against national commercial solicitations but will still allow calls from tax-exempt nonprofits plus people conducting surveys, market research and political or religious calls.

National Political Do Not Contact Registry

Register here. This will prevent calls from a leading Democratic robocalling firm. No California politicians have signed up for the registry.

 

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