Omar Bennett
Political campaigns have been increasingly relying on text messages to reach potential voters. With a 99% open rate for text messages, it is no surprise that campaigns are leveraging this medium to share their message. However, this has also led to a rise in unsolicited texts, leaving voters wondering about the legality of such practices. So, are political campaigns permitted to send unsolicited texts? The answer is yes, but with certain conditions. While political campaigns can send text messages without prior consent, they cannot use autodialing technology or robocalling services. Consent is key, and campaigns must respect a recipient's request to revoke consent at any time.
| Characteristics | Values |
|---|---|
| Political campaigns permitted to send unsolicited texts | Yes, but with certain restrictions |
| Need for consent | Yes, for autodialed texts or robocalls to mobile phones |
| Consent not required | If sent manually or to landlines |
| Opt-out option | Yes, by replying "STOP" |
| Reporting unsolicited texts | Forward the text to 7726 or "SPAM" |
| Complaints | File an informal complaint with the FCC at fcc.gov/complaints |
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What You'll Learn
Political campaigns can send texts without consent
Political campaigns can send text messages to mobile phones without prior consent from the recipient, but only if the texts are sent manually by a human and not using auto-dialing or robocalling technology. This is because autodialed texts to mobile devices are prohibited without consent under the Telephone Consumer Protection Act (TCPA).
The TCPA contains specific rules that political campaigns must follow. While campaign calls and texts are exempt from the National Do Not Call Registry requirements, political robocalls to landlines are allowed without prior consent, but they are limited to no more than three calls within any consecutive 30-day period.
The Federal Communications Commission (FCC) has stated that political campaigns can text potential voters without their permission, as long as they are not using auto-dialing technology. This is because robotexts, or text messages generated through auto-dialing, are considered a type of call and fall under all robocall rules.
However, it is important to note that the landscape surrounding political spam is constantly changing, and there may be state-specific restrictions. For example, in Michigan, commercial vendors are not permitted to robocall individuals without prior consent, but political campaigns and charitable organizations are exempt from these restrictions.
To avoid receiving unsolicited political text messages, individuals can try to opt out by replying "STOP" or blocking the sender. If individuals continue to receive unwanted texts, they can report the sender by forwarding the texts to 7726 ("SPAM") or by filing an informal complaint with the FCC.
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Texts must be sent manually, not via auto-dialing
Political campaigns are exempt from the National Do Not Call Registry requirements. However, the Telephone Consumer Protection Act (TCPA) contains specific rules they must follow. Political campaigns can send text messages to mobile phones without prior consent, but only if they are sent manually and not via auto-dialing. This is because autodialed texts to mobile devices are prohibited without consent.
The TCPA restricts the use of automatic telephone dialing systems and artificial or prerecorded voice messages. Text messages sent using auto-dialing technology are considered a type of call and fall under robocall rules. As such, they require the prior express consent of the recipient.
While political campaigns can send manual text messages without prior consent, they must still follow certain regulations. For example, they should honour opt-out requests if the recipient replies "STOP". Additionally, political campaigns should only send text messages to people who are interested in their platform and want to hear from them. This helps protect their public image and boost the connection voters feel towards them.
To comply with the law and avoid negative public perception, political campaigns should ensure they have the recipient's consent before sending autodialed texts to mobile phones. They should also be prepared to honour opt-out requests and only send texts to people who are interested in receiving them.
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Autodialed texts are prohibited without consent
During an election season, there is usually an increase in calls and texts from political campaigns. While these campaign calls and texts are exempt from the National Do Not Call Registry requirements, they must follow specific rules outlined in the Telephone Consumer Protection Act (TCPA).
Political campaigns are prohibited from sending autodialed or prerecorded voice calls, including autodialed live calls, autodialed texts, and prerecorded voice messages to cell phones, pagers, or other mobile devices without the called party's prior express consent. This also applies to protected phone lines such as emergency or toll-free lines, or lines serving hospitals or similar facilities. However, political campaigns can send autodialed or prerecorded voice calls to landline telephones without prior express consent.
The TCPA requires that consent to be considered valid must be "clear and conspicuous" so that it is apparent to a reasonable consumer. It must also comply with the ESign Act if collected online. The scope of interest in certain products or services for consent must be "logically and topically related" to the website. While the Order does not define "logically and topically," it states that companies will "err on the side of limiting that consent to what consumers would clearly expect."
The FCC has also clarified that a single opt-out text from a consumer should be viewed as a revocation of consent for all marketing messages from a company. This means that if a consumer revokes consent for autodialed text messages from a seller on one text messaging chain, the seller cannot continue to send texts or calls through a different program or chain.
If you are receiving unsolicited political text messages, you can report the sender by forwarding the texts to 7726 ("SPAM") or by filing an informal complaint with the FCC at fcc.gov/complaints. You can also contact the Federal Communications Commission Consumer and Governmental Affairs Bureau by mail, including your name, address, contact information, and as much detail about your complaint as possible.
It is important to note that while the TCPA and FCC rules provide some protection against unsolicited text messages, the laws are constantly evolving to keep up with technological advancements. Additionally, state laws may vary, and some states like Michigan exempt political campaigns from restrictions on robocalls and automated text messages without prior consent.
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Unsolicited texts are spam, but not illegal
Unsolicited texts are a common occurrence during election season, with candidates relying on free or low-cost mediums such as phone calls, text messages, emails, and social media advertising to reach voters and donors. While these texts are considered spam, they are not illegal.
Political campaigns are permitted to send unsolicited texts, but there are certain restrictions in place. The Telephone Consumer Protection Act (TCPA) and the Federal Communications Commission (FCC) have specific rules that campaigns must follow. For instance, political campaigns are prohibited from sending autodialed or prerecorded voice calls and texts to mobile phones without the recipient's prior express consent. However, if a text is sent manually or by a real person, rather than through autodialing technology, campaigns can send texts without prior consent.
The TCPA and FCC rules aim to protect individuals from receiving unwanted robo texts or calls. Individuals can revoke their consent at any time by replying "stop" or requesting not to be contacted again. While these regulations provide some relief from unsolicited texts, they do not cover all forms of communication. For example, in Michigan, political campaigns are exempt from robocall restrictions and can contact individuals without their prior consent.
The evolving digital landscape and advancements in technology, such as peer-to-peer (P2P) messaging, have further complicated the regulation of unsolicited political texts. P2P messaging allows for personal, grassroots communication between campaigns and individuals, making it challenging to determine consent and enforce regulations. As a result, individuals may continue to receive unsolicited political texts despite their efforts to unsubscribe or opt-out.
While unsolicited political texts may not be illegal, they can be a nuisance for those on the receiving end. The high open rate of text messages makes this medium attractive to political campaigns, but it also means that individuals are bombarded with messages they may not want or be able to avoid. As the digital landscape continues to change, it is likely that regulations and laws will need to adapt to address the issue of unsolicited political texts more effectively.
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Unsolicited texts are a nuisance, but unavoidable
Unsolicited texts are a nuisance, but, unfortunately, they are sometimes unavoidable. During election season, it is common to experience an increase in calls and texts from political campaigns. While commercial spam tries to entice us to buy something year-round, we also have to endure an influx of political advertisements every two years.
Political campaigns have been leveraging text messaging to reach potential voters. It is legal for campaigns to send text messages, but there are certain conditions that apply. For instance, in the United States, the Telephone Consumer Protection Act (TCPA) mandates that autodialed or prerecorded voice calls, including autodialed texts, to cell phones or other mobile devices require the recipient's prior express consent. Political campaigns are exempt from the National Do Not Call Registry requirements, but they must adhere to the TCPA rules.
However, if a text message is sent manually or by a real person, rather than using auto-dialing technology, campaigns can send them without prior consent. This distinction is crucial, as it allows campaigns to utilize Peer-to-Peer (P2P) messaging services, which provide personal, grassroots one-on-one messages, to reach voters without the need for prior consent.
While the TCPA covers application-to-person (A2P) messaging, where a single text is sent to a large number of subscribers, the regulations around P2P messaging are less clear. The evolving digital landscape and advancements in technology will likely lead to ongoing debates and potential changes to the laws governing this area.
If you are receiving unsolicited political text messages, you can report the sender by forwarding the text to 7726 ("SPAM") or by filing an informal complaint with the FCC. Additionally, campaigns should honor opt-out requests if you reply "STOP."
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Frequently asked questions
It depends on the state and the technology used to send the text. In some states, like Michigan, political campaigns are exempt from restrictions on robocalling and can send automated text messages to voters without their prior consent. However, in other states, political campaigns are prohibited from sending autodialed or prerecorded text messages to mobile devices without the recipient's prior express consent.
If you are receiving unsolicited texts from a political campaign, you can report the sender by forwarding the text to 7726 ("SPAM") or by filing an informal complaint with the FCC at fcc.gov/complaints. You can also reply "STOP" to the text to revoke your consent and opt out of receiving further messages.
Political campaigns may obtain phone numbers from various sources, such as voter registration lists, public records, or data purchased from third-party vendors. They may also use peer-to-peer (P2P) messaging services, which allow campaigners to send messages manually and at a faster pace while complying with legal requirements.
