Business Records

The legislation also grants this Commission the authority to require that telemarketers who use the specified types of dialing devices maintain business records to indicate telephone connections where no person acting as an agent or telemarketer is available for the person called.

We propose that the following rules regarding business records be adopted and call for comments:

1. All users of automatic dialing equipment described in Pub. Util. Code § 2875.5 (a) shall maintain records of all calls made where no person acting as an agent or telemarketer is available for the person called.

2. Such records shall include for each such call: the date and time of the call, the number called (including area code) and the number from which the call originated.

3. For each calling device utilized, the records maintained shall also include, by calendar date, the total number of calls generated, including those both answered by human or mechanical means or unanswered.

4. Such records shall be maintained for a period of at least three years.

5. Such records shall be provided to the Commission or its staff when requested.

Comments are requested on the proposal to adopt rules for the maintenance of business records of calls made by specified dialing devices where no person acting as an agent or telemarketer is available for the person called. Comments will be due by March 14, 2002. Reply comments will be due on March 25, 2002.