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California Judge Routes Campaign Robocalls Through Colorado 191

Posted by timothy
from the parsing-the-point-finely dept.
Thomas Hawk writes "Victoria Kolakowski, a current sitting law judge at the California PUC, is running for Alameda Superior Court judge in California. As part of her campaign she is robodialing people in California with a pre-recorded message. The only problem is that in Califorina robodials are actually illegal unless first introduced by a non-recorded natural person who gains consent to play the call. Ironically, the agency set up to protect our privacy and enforce this law, the California PUC, is the very agency where Kolakowski works today. Kolakowski originally apologized for the calls but then later deleted messages on her Facebook account from people objecting to her use of these calls. Now Kolakowski is trying to argue that because 'technically' she is routing her calls through Colorado from outside the state that her robodials are actually legal."
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California Judge Routes Campaign Robocalls Through Colorado

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  • by MightyMartian (840721) on Sunday June 06, 2010 @03:45PM (#32477406) Journal

    They'd get you on Interstate commerce laws. You were part of a conspiracy to transport the bullet across state lines.

  • Re:Vote (Score:3, Funny)

    by michaelhood (667393) on Sunday June 06, 2010 @05:37PM (#32478196)

    Oh well <flips coun>

    Poor coun. :(

  • by sumdumass (711423) on Sunday June 06, 2010 @05:58PM (#32478370) Journal

    I guess they will get the hint when people stop automatically hanging up on them and start burning resources by keeping the person on line for hours then declaring they aren't interested.

    For instance, I received a third call from an organization soliciting charitable donation. I have already told this organization to take me off the calling list and any other lists they have with my name or number on it two times (I don't do phone donations). After telling this third guy about being order to remove me from the lists, he promptly explained that he wasn't subject to the do not call registry because they were a charity. Of course the the laws concerning removal from calling lists upon request supersede the DNC registry and are a combination of state an federal laws. Well, after this authoritative answer detailing how the laws don't apply to him, I said "Oh, I didn't know that, then asked him to explain what he was representing. I then asked a crap load of stupid questions to drag out his time on the phone. I think I tied him up for about 20 minutes before he started getting anxious about a large donation. I asked if a manager was available to sit in on the call as I wanted to make sure they understood why I was making the donation. Sure enough, after another 10 minutes or so, I got someone on the phone claiming to be a supervisor. I then explained that because I requested to be taken off the list and all lists they were associated with, their call allowed me to file a formal complain with the public utilities commission of the state and I would be entitled to a $500 award for each of their violations of state law. This happened twice so it would be $1000 total and in lieu of collecting, I am donating this $1000 in spirit by not filing the complaint at that time under the provision that I never be contacted by them or their call center again. The manager attempted to asset they weren't subject to the DNC registry again and I explained that the provisions I am speaking of is under state law and existed long before the Do Not Call registry ever has and referred them to the Ohio public utilities commission and the Ohio office of consumer counsil for further explanation. Little was I aware of at the time that Ohio law allows for $2000 fines to be awarded to the person now.

    I never received a call from them again. All in all, I took up about 40 minutes of their time in order to tell them not to call me again or I would take legal action. If everyone, or even 10% of the people did this, it would become economically unfeasible to continue calling people who do not want to be called. And that's without resorting to court or legal actions.

  • Re:Why!? (Score:4, Funny)

    by v1 (525388) on Sunday June 06, 2010 @06:21PM (#32478536) Homepage Journal

    I thought judges were rehabilitated lawyers?

  • by superdave80 (1226592) on Monday June 07, 2010 @10:25AM (#32483466)

    You think the robocaller will get offend if we revoke its freedom of speech?

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