Harassment Law: Multiple Calls, California's Legal Standpoint

Calling someone multiple times can be considered harassment in California. According to California's Penal Code 653m, it is illegal to make repeated telephone calls with the intent to annoy or harass. This is considered a misdemeanour and can result in legal consequences. Additionally, the Telephone Collections Practices Act (TPCA) is a federal law that prohibits abusive phone calls by creditors. This law applies to both residential and cell phone numbers. To avoid legal issues, it is important to respect the recipient's wishes and stop calling if they have expressed their desire to end the communication.

Calling ex 50 times in a row

Calling your ex 50 times in a row can be considered a violation of California's Penal Code 653m, which pertains to harassing phone calls. This code states that:

> Every person who, with intent to annoy or harass, makes repeated telephone calls [...] to another person is, whether or not conversation ensues from making the telephone call [...] guilty of a misdemeanour.

While you may not be the subject of a no-stalking or protection order, calling your ex 50 times in a row with no call back indicates that communication is no longer desired. If your ex reports you, you could be prosecuted under Penal Code 653m.

If you are contacted by law enforcement, it is recommended that you politely but firmly decline to give a statement and seek legal counsel.

Telemarketing laws

• National Do Not Call Registry: California uses the National Do Not Call Registry, which is designed to stop unwanted sales calls from legitimate companies. You can register your phone number on this list to reduce the number of telemarketing calls you receive. However, it's important to note that this won't stop scammers from making illegal calls.
• Penal Code Section 484: This is California's general theft/fraud statute, which criminalizes fraud that involves knowingly using false or fraudulent representations to defraud another person of money, labour, or property.
• Penal Code Section 484b: This law makes it a separate crime to willfully divert funds received for the purpose of paying for services, labour, materials, or equipment, which is a common occurrence in telemarketing fraud cases.
• Business and Professions Code:

• Section 17511.3: Requires telephonic sellers to register.
• Section 17511.5: Requires telephonic sellers to provide specific disclosures at the time of sale.
• Section 17591: Addresses the misuse of the "Do Not Call" registry.
• Section 17593: Allows civil actions for "Do Not Call" violations.

Civil Code Section 1770: Prohibits certain unfair business practices.

If you are a consumer who has been a victim of telemarketing fraud, you can file a complaint with the Federal Trade Commission (FTC) or report it to the California Attorney General. Additionally, you may be able to bring a small claims case against the telemarketer in state court to seek an injunction and civil penalties.

Criminal charges for harassment

In California, criminal harassment charges are pursued by a prosecutor in a criminal court with the intent to impose a penalty for committing a crime. This is different from civil harassment, where someone is seeking financial compensation for damages or a court order to stop a certain type of behaviour.

Criminal harassment charges are a serious issue and can carry harsh legal consequences. According to California law, behaviour that is considered criminal harassment includes threats, stalking, cyberstalking, and domestic violence incidents.

Criminal threats under California Penal Code 422 are generally described as making willful threats to commit a crime that will result in great bodily injury or death. A conviction can result in imprisonment in a county jail or a California state prison.

Stalking under California Penal Code 646.9 is described as the willful, malicious, and repeated following, harassing, or making of credible threats to another person with the intent to place them or their family in reasonable fear for their safety. A conviction can also result in imprisonment and fines.

Cyberstalking, a form of criminal harassment, involves the intimidation or harassment of someone using electronic communication such as the internet, email, text messages, or a telephone. The harassing or threatening behaviour must reach a point where the victim is in fear for their safety or that of their family.

Additionally, California Penal Code 653m(b) makes it a misdemeanour to make annoying phone calls. The elements of the crime include:

• Repeated phone calls to the individual
• Intent to annoy them at their residence
• Conversation may or may not have occurred
• The phone call was not made in good faith

It is important to note that individuals who believe they have been harassed should consult an attorney, as there may be civil and criminal liability for the harasser.

Civil lawsuits

In California, civil lawsuits can be filed against individuals or companies for repeated unwanted phone calls. California's civil and business codes allow consumers to file civil suits under the state's telemarketing fraud laws, which can result in injunctions, fines, or other civil penalties.

Under the Telephone Collections Practices Act (TCPA), consumers can take legal action against unwanted phone calls from businesses or telemarketers. The TCPA prohibits unsolicited calls or texts to cell phones using automated dialling or pre-recorded messages without prior permission. It also prohibits calls to residential phone numbers without an "established business relationship" with the owner and calls to those registered on the Do Not Call Registry.

Penalties for violations of the TCPA can include $500 per violation and up to $1,500 per willful violation, with class-action lawsuits resulting in settlements in the tens of millions of dollars. Consumers can also file a civil suit in state court against telemarketers to obtain an injunction, and if further solicitations occur within 30 days, they can sue again and request a civil penalty of up to $1,000.

Additionally, California's civil and business codes allow consumers to sue under federal laws, which can provide up to $500 in fines for each call received after being placed on the National Do Not Call Registry. These penalties can be higher if the court finds that the telemarketer knowingly or willfully broke the law.

It is important to note that civil lawsuits are separate from criminal charges, and individuals making repeated unwanted phone calls may also face criminal charges for harassment or stalking under California's Penal Code.

Penal code 653m

PC 653m prohibits making repeated phone calls that are obscene or threatening with the intent to annoy. Just one incident of harassment by phone is sufficient to support a charge of annoying phone calls under Penal Code 653m(a). However, in reality, a single incident will not usually result in criminal charges. If there are multiple phone calls or repeated harassment, a charge can be filed under this statute.

Making harassing or annoying phone calls is not limited to calling from a telephone. It also applies to sending text messages, emails, or other types of electronic communication. This crime is more severe than simple prank calls and will often fall under the umbrella of domestic violence.

The penalties for violating Penal Code 653m include a maximum fine of $1,000 and up to six months in county jail. However, if it is the first offence, or the circumstances seem minor or incidental, a judge may reduce the sentence to misdemeanor probation or suspend the sentence altogether.

To be convicted of making annoying or harassing phone calls or electronic communications under Penal Code 653m, prosecutors must prove that:

• You made or permitted a telephone call or electronic communication; and
• It involved obscene language, threats, or repeated calls; and
• You had the intent to harass or annoy.

Frequently asked questions