Omar Bennett
Political campaigns have embraced text messaging as a powerful tool to engage with voters and promote their ideas. With its direct and personal nature, texting allows campaigns to deliver targeted messages, solicit donations, and provide crucial updates. While this form of communication can be beneficial for voters to receive important information, it can also be intrusive if done without consent. So, are political campaigns allowed to contact you via text message? The answer lies in understanding a mix of federal regulations, state laws, and communication technology developments.
| Characteristics | Values |
|---|---|
| Political campaigns can send text messages | Yes, but with certain conditions |
| Need for consent | Yes, prior express consent is required for automated text messages or robotexts. Consent is not required for manually sent messages. |
| Opt-out mechanism | Yes, campaigns must respect opt-out requests and provide clear opt-out instructions. |
| Autodialer restrictions | Yes, the use of an autodialer without prior consent is prohibited. |
| Disclosures | Yes, all political messages must include disclosures about who paid for and authorized the message. |
| Spam reporting | Recipients can report spam by forwarding the message to 7726. |
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What You'll Learn
- Political campaigns must obtain prior consent to send text messages
- Manual text messages can be sent without prior consent
- Political campaigns can use data brokers to collect phone numbers
- Political campaigns can use peer-to-peer companies to send messages faster
- Political text messages must include an opt-out mechanism
Political campaigns must obtain prior consent to send text messages
Political campaigns are a powerful way to engage with voters and promote ideas. Text messages are direct and personal, allowing campaigns to deliver targeted messages, solicit donations, and provide updates. However, campaigns must navigate federal and state regulations, including obtaining prior consent from recipients for automated texts.
The Federal Communications Commission (FCC) governs political text messages under the Telephone Consumer Protection Act (TCPA). While the FCC allows campaigns to text voters without consent if manual methods are used, automated texts require prior express consent. Campaigns must also respect opt-out requests, such as replying "STOP." The Supreme Court's 2021 ruling in Facebook, Inc. v. Duguid narrowed the definition of an autodialer, giving campaigns more flexibility in using modern texting platforms.
State laws also play a role in regulating political text messages and can vary significantly. For example, California mandates an opt-out mechanism in political text messages. Campaigns must register with a relevant text-messaging registry to ensure compliance with industry standards for opt-in and opt-out procedures.
To obtain consent, campaigns leverage extensive databases and digital tools to gather voter contact information. They also employ data brokers who aggregate publicly available data, creating detailed voter profiles for targeted messaging. While text messages offer a cost-effective way to engage younger generations, campaigns must balance this with respecting voters' wishes and maintaining transparency about how contact information is used.
In summary, political campaigns can legally send text messages but must obtain prior consent for automated texts, adhere to federal and state regulations, and provide clear opt-out instructions. By following these practices, campaigns can effectively use text messaging to connect with voters without intruding on their privacy.
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Manual text messages can be sent without prior consent
Political campaigns can legally send text messages to voters, provided they adhere to federal and state regulations. The key considerations are obtaining explicit consent, avoiding the use of prohibited autodialing technologies, and including necessary disclosures in all communications.
The Federal Communications Commission (FCC) states that political text messages sent to a mobile phone using an autodialer require the prior express consent of the recipient. However, messages sent manually can be sent without prior consent. This means that a campaign representative can send a text without permission as long as it is done by a human rather than autodialing technology.
The FCC's rules for 'robotexts' or autodialed texts fall under the Telephone Consumer Protection Act (TCPA). The TCPA restricts the use of automatic telephone dialing systems (ATDS) and artificial or prerecorded voice messages. The Supreme Court's ruling in Facebook, Inc. v. Duguid (2021) narrowed the definition of an autodialer, allowing political campaigns more flexibility in using modern texting platforms that do not employ random or sequential number generation.
To ensure compliance, campaigns should include proper disclosures in their text messages, such as identifying who authorized and paid for the message. Additionally, they should honor opt-out requests, such as replying "STOP" to a text, and provide clear opt-out instructions to build trust and reduce negative perceptions.
Political campaigns can obtain phone numbers for text messaging through extensive databases, digital tools, and data brokers who specialize in collecting and selling consumer data, including voter information. Texting allows campaigns to deliver targeted messages, solicit donations, mobilize volunteers, and provide updates on campaign events quickly and personally.
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Political campaigns can use data brokers to collect phone numbers
Political campaigns are permitted to contact individuals via text message, but they must comply with certain regulations. Political text messages sent to mobile phones using an autodialer require the prior express consent of the recipient. However, messages sent manually can be sent without prior consent. Recipients can revoke their consent at any time by replying "STOP" or by asking not to be contacted again. If individuals receive unsolicited text messages, they can report them by forwarding the texts to 7726 or "SPAM".
Political campaigns can leverage various methods to collect phone numbers for text messaging. One way is to use data brokers who specialize in gathering and selling consumer data, including voter information. These data brokers create extensive databases by aggregating publicly available information, such as voter registration lists, consumer purchases, and social media activity. Campaigns can then utilize these databases to create detailed voter profiles and target specific demographics with their text messages.
Data brokers collect information from various sources, including browser cookies, web beacons, mobile phones, and social media platforms. Some companies in this industry, such as i360, TargetSmart, and Grassroots Analytics, focus specifically on data useful for political campaigns and advocacy. These data brokers offer specialized campaign categories that can enhance the effectiveness of targeted ads. For example, TargetSmart claims to possess 171 million highly accurate cell phone numbers, while i360 asserts that it has data on 220 million voters.
Another method campaigns use to collect phone numbers is by purchasing data from the state or national committees. They can also collect information through websites or apps. By combining this data with that of data brokers, campaigns can create behavioral profiles based on individuals' shopping habits, hobbies, demographics, and more. This enables campaigns to identify specific categories of people who may be receptive to their messages and target them with ads on their phones and other devices.
Additionally, political campaigns can take advantage of location data collected by apps on individuals' mobile devices. This data is often sold or shared with third parties, including political campaigns, through location data brokers. By using this information, campaigns can target voters in specific locations and even target voters waiting in line at polling locations. While this practice raises privacy concerns, companies like El Toro claim to have restrictions in place to protect individuals' privacy at sensitive locations.
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Political campaigns can use peer-to-peer companies to send messages faster
Political campaigns can send text messages to mobile phones, but they require the recipient's prior express consent if sent using an autodialer. Messages sent manually do not require prior consent. Campaigns should also honour opt-out requests.
Peer-to-peer (P2P) texting platforms allow political campaigns to send messages faster and more efficiently. P2P texting facilitates direct, personalized communication with large groups while complying with TCPA and FCC guidelines. P2P texting platforms enable users to craft a message template, select their audience, and send messages to each recipient individually from a computer, without the use of Automated Telephone Dialing Systems (ATDS). This ensures personal engagement with each recipient.
RumbleUp, for example, is a P2P texting platform trusted by over 3,500+ campaigns and organizations to quickly engage any size of the audience via SMS, MMS, or video text. They offer features such as data acquisition, 10DLC registration, outsourced sending, best practices, delivery monitoring, and robust client support. RumbleUp's P2P texting experts guide their clients through the entire process, from account creation to the final message sent.
Another P2P texting platform is Peerly, which offers a human-powered system that complies with FCC guidelines. Peerly allows users to send pictures, videos, and files, along with 2,000 characters of text in their MMS. They also provide short links and open-rate tracking. Peerly's prices are competitive, and they offer a 100% risk-free trial.
Hustle is another P2P text marketing platform that has been used for fundraising campaigns, general audience engagement, and connecting with alumni. It has an easy user interface and has helped organizations send over 9 million messages to targeted audiences.
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Political text messages must include an opt-out mechanism
Political campaigns can legally send text messages to voters, but they must adhere to federal and state regulations. One key requirement is obtaining the recipient's prior express consent, especially when using autodialing technology. This consent can be given through opt-in procedures, and it is important to note that campaigns are required to register with a relevant text-messaging registry to ensure compliance with these procedures.
While political campaigns can send text messages without prior consent if they do not use autodialing technology, it is crucial that they respect the wishes of voters who do not want to receive these messages. This means that political text messages must include a clear and easy opt-out mechanism, such as replying "STOP" to unsubscribe from future messages. This opt-out mechanism is mandated by the CTIA, a wireless communication trade association, and U.S. carriers.
The Federal Communications Commission (FCC) and the Federal Election Commission (FEC) have provided additional guidelines for political text messages. The FCC's rules state that campaigns should honor opt-out requests and that recipients can report unsolicited texts as spam by forwarding the message to 7726. The FEC, on the other hand, mandates that all political messages, regardless of medium, must include proper disclosures, such as identifying who authorized and paid for the message.
By including an opt-out mechanism, political campaigns can demonstrate their commitment to transparency and build trust with voters. It is important to note that failure to comply with these regulations can result in penalties. Therefore, it is crucial for campaigns to stay informed about legal developments and follow best practices when using text messaging as a tool to engage with voters.
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Frequently asked questions
Yes, political campaigns can send text messages to potential voters. However, they need to obtain prior express consent from the recipient if they are using an autodialer. If the text is sent manually, it can be sent without prior consent.
Campaigns can obtain phone numbers by leveraging extensive databases and digital tools designed to gather and utilize voter contact information. They can also use data brokers who specialize in collecting and selling consumer data, including voter information.
You can opt out of receiving political text messages by replying "STOP" to the message. You can also report unwanted messages as spam by forwarding them to 7726, which will prompt your wireless carrier to investigate the sender and block future messages.
