AG's Column: Robo-call protection needed for Kansans
February 18, 2010 -- As we enter another election year, robo-calls will become more pervasive than ever before. Politicians and special interest groups will bombard Kansans with these obnoxious, automated calls—completely ignoring Kansans right to peace and privacy in their own home.
Robo-calls are produced in large quantities with very little effort on the caller’s behalf. Politicians and commercial organizations use this type of call to spread their message because it is cheap and easy. The recipient of the call has little choice but to answer the phone.
This year, I introduced the Robo-Call Privacy Act. Kansans complain to my office regularly because they believe state law already protects them from these harassing calls. This bill will give my office the ability to help these Kansans.
The bill would provide a comprehensive restriction on both commercial and political robo-calls. Under this new law, callers would have to obtain permission through live operators before an automated message can be played. Of course, there are exemptions for robo-calls that originate from school districts and an employee’s workplace. An exemption would also be available for any organization with a preexisting relationship with the robo-call recipient.
Courts have described robo-calls as “uniquely intrusive due to the machine’s inability to register a listener’s response” and marveled at the “sheer quantity” of such calls that are used. In fact, the Minnesota law on which my Robo-Call Privacy Act is based has survived constitutional review in the 8th Circuit.
Although we are still nine months away from election day, my office is already receiving complaints regarding political robo-calls. I encourage lawmakers to join me in making Kansans’ privacy rights a priority. If you support banning these invasive calls, I ask you to call your legislator and encourage them to support the Robo-call Privacy Act.