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Watchdog says Gerber violating state law on robocalls

Friday, September 12, 2008

(Politicker)Click here for the article online.

A congressional candidate in the Bay Area is willfully ignoring state law against using automated "robocalls" for his campaign, according to a watchdog on political communication.

Shaun Dakin, who is attempting to create a "Do Not Call" registry for political calls, said 10th Congressional District candidate Nicholas Gerber said robocall bans didn't apply to congressional races when Dakin contacted him over the issue last week.

"He knows that there is a law and yet he disregards it," Dakin wrote in an e-mail. "How can he become a ‘lawmaker' if he disregards the law?"

Dakin said that he's received about 10 reports of Gerber's robocalls from California residents.

Gerber, a Moraga investment analyst and stock portfolio manager, is running against U.S. Rep. Ellen Tauscher (D-Alamo) in the 10th Congressional District.

Under state law that took effect in 2002, robocalls for all but a few specific purposes are illegal, and subject to fines of $500 for every violation.

The calls are legal if a live human voice speaks at the beginning; Dakin's reports do not indicate that Gerber's calls did so.

Dakin said awareness of the law among political types is improving, but still far short of total compliance. The state Public Utilities Commission also has not enforced the law, Dakin has said.

In Gerber's response to Dakin, he also said he removes people from robocalls lists if they request it.

When asked by PolitickerCA.com about the robocalls, Gerber said that because he's running for federal office, his campaign is not subject to state law on such calls.

He added that he supports the idea of a "Do Not Call" registry for political phone calls.

 

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