Legal Question in Telecomm Law in California
Legality of Pre-Taped Direct Marketing Calls
Is it legal for a company to compile a phone list from a data-base of home-owners and then ''cold-call'' the owners with a pre-taped message asking the consumer to ''call for more information on the services we offer''?
1 Answer from Attorneys
Re: Legality of Pre-Taped Direct Marketing Calls
There is nothing illegal about compiling a phone list from a readily available database. However, the Public Utilities Code has very definite provisions about "Automatic Dialing Devices" that use tape-recorded messages. It is clearly illegal to use such a device if the recipient cannot disconnect from the message. It is questionable, but may not be illegal to use such a device if the recipient can disconnect despite the use of a recorded message.
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