Law / United States / 
California
Automatic Dialing-Announcing Devices Act
Cal. Pub. Util. Code §§ 2871-2876
In force.
A telephone contact rule binding public and private bodies.
- Enforcement body
- California Public Utilities Commission, on complaint or its own motion
- Obligation class
- Consent, Disclosure
As of .
What it requires
- Do not operate an automatic dialing-announcing device to place a call received in California between 9 p.m. and 9 a.m. California time.
- Before disseminating the prerecorded message, give the person called an unrecorded, natural-voice announcement stating the nature of the call and the caller's name and either an address or telephone number, ask whether the person consents to hear the prerecorded message, and, if the message uses an artificial voice (one generated or significantly altered using artificial intelligence), disclose that fact; disconnect the device when either party ends the call.
- This article does not apply to a device that does not randomly or sequentially dial numbers and is used solely to reach an established business associate, customer, or other person with an existing relationship, or to place a call at the recipient's own request; specified school, nonprofit-member, utility-customer-installation, and public-safety emergency uses are also exempt.
- Before connecting an automatic dialing-announcing device to a telephone line, file a written application with the telephone corporation serving that line, which may deny or modify the application if the proposed calling pattern would create a traffic overload or harm its other customers.
If you get it wrong
Criminal exposureNo
Private right of actionNo
Penalty structure
A fine of up to $500 for each violation, levied and enforced by the California Public Utilities Commission on complaint or its own motion; disconnection of telephone service to the device is a separate, non-monetary remedy the Commission may also order.
- Rule
- Per violation only
- As of
- Currency
- USD
- Per violation unit
- Violation
- Per violation amount
- 500
What this law does
An automatic dialing-announcing device is equipment that stores telephone numbers, or randomly or sequentially generates them, and disseminates a prerecorded message to the number called.
Section 2872 places connecting such a device to a telephone line under the California Public Utilities Commission's jurisdiction, bars operating one to place a call received in California between 9 p.m. and 9 a.m. California time, and exempts specified school, tax-exempt-organization, cable and utility customer-installation, petroleum and chemical emergency-notification, and law enforcement, fire, and public health emergency uses; it also exempts a device that does not randomly or sequentially dial numbers and is used solely to reach an established business associate, customer, or other person with an existing relationship, or to place a call at the recipient's own request.
Section 2874 requires an unrecorded, natural-voice announcement before the device disseminates its message, stating the caller's name and either an address or telephone number, asking whether the person called consents to hear the prerecorded message, and, since a 2024 amendment, disclosing when the message uses an artificial voice, defined as one generated or significantly altered using artificial intelligence; the device must be disconnected when either party ends the call.
Section 2875 requires filing a written application with the telephone corporation before connecting such a device, which may deny or modify the application if the proposed calling pattern would overload its network or harm other customers. Section 2876 makes a violation a civil offense enforced by the Commission, on complaint or its own motion, with a fine of up to $500 per violation and possible disconnection of telephone service to the device; the article names no private civil action.
When LexLint raises it
When your app profile says your app sends automated outreach.