California Newspaper Publishers Association

The California Newspaper Publishers Association (Publishers), representing some 500 daily and weekly newspapers in the state, supports a 5% error rate and states that a 0% error rate is unworkable.

For example, whenever an automated dialing device is used, even if it is set to dial only that number of households for which a live operator is available, there will necessarily be a gap in the time between the moment a person picks up the phone and the moment the automated device transfers the call to a live operator - even if it is only a few milliseconds. Under this scenario, if the person being called hangs up during the time the computer is transferring the call to a live operator, and if the error rate were zero, the business using the device would be in violation of Section 2875.5. Similarly, it could be construed as an error if the person who is called hangs up because the silence he hears is caused by a problem with the telephone equipment....

It is fundamentally unfair and contrary to traditional notions of due process to hold a business liable for a violation when an operator is not available due to circumstances beyond its control. Section 2875.5(b) specifically gives the commission the power to remedy this inequity by regulation. (Publishers' Comments, at 2.)

Publishers argue that an acceptable error rate of 5% for every 1,000 connections made would protect legitimate businesses while punishing those telemarketers whose abusive practices result in a large number of hang-up calls.