Everybody hates those robocalls — “We’ve been trying to get in touch with you about your car warranty” is a favorite — but hey, what can you do?
The Vermont Legislature appears to have arrived at that position over a proposal to criminalize robocalls. One of the main concerns: Whether that law would have any effect if it could be enforced only against people making the calls in-state.
“I’m coming to the conclusion,” said Sen. Joe Benning, R-Caledonia, “that the only thing this bill will actually do is enable Vermont to prosecute somebody who originates a call from Vermont or enable a private citizen to bring a civil action against somebody who originates a call from Vermont.”
Neither case is likely to amount to much since the calls are difficult to track and are made from all over the world.
Benning spoke Thursday during a Zoom meeting of the Senate Judiciary Committee on the legislation, S.11, which targets robocalls in Vermont.
“What politicians wouldn’t want to vote for a robocall bill?” Benning asked. “The other question though is, if the robocalls keep coming, we’re going to be looked at as a useless entity. I don’t see the bill itself preventing the robocalls from coming.”
The committee had set a possible vote on the legislation for Thursday but put it off after the questions were raised about its effectiveness.
Not all automated calls would be criminalized or face possible civil action under the legislation. Among the exemptions are calls for emergency purposes, calls that are “purely” informational, political calls, and calls from health care providers. Messages from schools, for example, or companies with which a consumer is doing business would not be criminal.
Illegal callers would face up to 90 days in jail or a fine of $1,000 per violation, with each telephone call a separate offense.
In addition, a person who receives a telephone call could file a civil lawsuit against the caller, seeking monetary damages of at least $500 for a first violation and $1,000 for each additional one.
Robocalls are already illegal at the federal level, though states can set their own penalties.
Clay Purvis, head of the Public Service Department’s telecommunications division, told the committee Thursday that he supports the legislation.
“It is a difficult issue to handle,” he said. “Enforcement is and continues to be the greatest problem that we’re aware of in stopping robocalling.”
He also said that nationally people are receiving “billions of robocalls” a year. “People are getting several of these a day, and the vast majority of people ignore them, but they are annoying,” Purvis said.
Purvis said it’s difficult to determine how many, if any, robocalls originate from Vermont. “We don’t know what amount of the traffic could be in Vermont, and it never hurts to have those safeguards in place,” he said of the proposed legislation.
Sen. Dick Sears, D-Bennington, the committee chair, said he wanted to make a slight change in the legislation.
“Can we add a line to this that they’re required to tell us the amount of money, I mean the percentage, that goes to the administration for the charity?” Sears asked.
“That’s actually a First Amendment violation,” David Hall of the legislative counsel responded, pointing out that the U.S. Supreme Court has shot down similar measures.
“That’s BS,” Sears replied. “That’s absolute craziness. … I just want them to admit that they are robbing people.”
Correction: An earlier version of this story inaccurately quoted Sen. Joe Benning.
