2 Laws to Curb Sales Calls

Gov. Gray Davis, declaring that Californians need as much “peace and quiet as possible,” signed two bills Wednesday aimed at protecting personal privacy from interruptions by telemarketers.

One bill, by state Sen. Liz Figueroa (D-Fremont), will create by Jan. 1, 2003, a state-operated “do not call” list of telephone customers who don’t want unsolicited sales calls, especially those that zero in on the family supper hour.

The second bill, by Assemblyman Herb Wesson (D-Culver City), will outlaw the use by telemarketers of automated dialers that hang up before the call is answered.

The highly controversial “do not call” bill (SB 771) was fought by platoons of lobbyists representing influential segments of the California and national business communities, who feared their ability to reach new customers by telephone would be choked off.

But Figueroa countered that unsolicited telemarketing calls were the No. 1 complaint of Californians, particularly stay-at-home senior citizens. She said a consumer survey rated these calls as even worse than being stuck in traffic or paying taxes.

Under pressure, Davis embraced the bill in the final weeks of the legislative session that ended last month. As a centrist Democrat attempting to win reelection next year, Davis sought to maneuver a middle ground between the demands of consumers and those of business.

Figueroa, author of a similar bill that the business lobby killed in 1999, initially resisted Davis’ belated support of her legislation, fearing that he would attempt to weaken it with amendments, a concern Davis aides denied. He finally agreed to support it without further changes.

The new law, effective no later than the start of 2003, will require the state Department of Justice to create an electronic “do not call” list of consumers who do not want calls from telemarketers. Those solicitors use telemarketing to pitch an array of products and services, from extravagant resort vacations to life insurance policies to newspaper subscriptions.

Under the law, telemarketers will regularly be provided with an updated list of telephone numbers of people who have asked not to receive further calls. If the telemarketers call anyway, they will be subject to civil suits: The first fine would be $1,000 per violation and $2,000 for repeat offenses.

In a statement accompanying the signing, Davis observed that in this “busy world, we need as much peace and quiet as possible.”

He said the new laws will provide such tranquillity and install California at the “forefront of telemarketing consumer protections.” California is one of a number of states that have enacted “do not call” programs, though their effectiveness has been mixed.

Figueroa said the bills demonstrated that while the Legislature tackles big issues such as the energy crisis, taxes and money for education, it can also deliver on matters that affect the lives of ordinary citizens.

“This shows that the Legislature is understanding of their annoyances,” she said. “This is an issue that I could do something about with the help of other legislators and, finally, the governor.”

Two years ago, Figueroa’s “do not call” bill was killed in large part because of the opposition of Senate Leader John L. Burton (D-San Francisco). Burton, whose mother once worked as a telemarketer, said then that he worried the legislation would cost jobs.

But Burton, a prolific cell phone user, reversed himself this summer when he, too, became the target of stubborn solicitors “who wouldn’t take no for an answer.”

Another pet peeve of consumers is use of automated telephone dialing systems that hang up before the call can be answered, leaving the consumer angry and sometimes afraid that they are being cased by criminals.

Wesson has denounced the “abandoned phone call” practice as “abusive and obnoxious.”