AN ACT CONCERNING "ROBO" CALLS.

This bill places restrictions on callers who play messages or place telephone calls using an automatic dialing-announcing device connected to a telephone line (“robo call. ”). The restrictions apply even when the subscriber requests the call or the call is for the subscriber's benefit (e. g. , automated calls from school districts to parents or pharmacies to patients). Under the bill, a robo call is permitted only if (1) it is immediately preceded by a statement identifying the caller and the person or entity that paid for it, (2) the number from which the call is being made and the name of the caller or entity responsible for calling appears on the recipient's caller identification display, and (3) the device is designed and operated to disconnect no later than 10 seconds after the phone call ends.

The bill authorizes the attorney general to (1) issue subpoenas or interrogatories for evidence or testimony concerning violations and (2) apply to Superior Court to enforce any such subpoena or interrogatory.

It bill also authorizes the attorney general to bring civil action against a caller in Superior Court to (1) enforce the bill's provisions and (2) enjoin further violations. For each violation, the attorney general may recover actual damages or statutory damages of $ 5,000, whichever is greater. Each telephone call received in violation of the bill is a separate violation.

The bill defines “callers” as people, corporations, firms, partnerships, associations, or legal or commercial entities that contact or attempt to contact telephone subscribers in Connecticut by using a telephone or telephone line. It defines “subscribers” as people who subscribe to a telephone service from a telephone company, or any people who reside with them. An “automatic dialing-announcing device” is a device that selects and dials telephone numbers and, working alone or in conjunction with other equipment, disseminates a prerecorded or synthesized voice message. Finally, a “message” is any telephone call, regardless of its content. (Presumably, this implies a “verbal communication,” not the act of placing a call. )

State law prohibits the transmission of unsolicited business, commercial, or advertising messages through recorded telephone message devices that do not disconnect immediately when the subscriber hangs up. Under this law, violators can be fined up to $ 500 (CGS § 16-256e).

State law also bars anyone from using a device that automatically transmits a recorded telephone message to transmit an unsolicited telephone message that offers to sell goods or services. The law does not apply (1) to candidates or those who receive funds on behalf of their committees (solicitors), (2) political or candidate committees, or (3) tax-exempt nonprofit organizations. Anyone who is aggrieved by an unsolicited message may bring a civil action in Superior Court (1) to enjoin further violations and (2) for $ 500 for each violation, together with costs and a reasonable attorney's fee. The aggrieved party must bring the action within two years of the violation (CGS § 52-570c).

Yea

Nay

(03/03/2009)