Isabella Carter
Political campaigns often rely on direct marketing to reach voters, and there are rules in place to govern how they can do this. For example, in the US, the Telephone Consumer Protection Act (TCPA) contains specific rules that political campaigns must follow. Robocalls and robotexts to mobile phones require prior consent, but political robocalls to landlines are allowed without prior consent, with a limit of three calls within any consecutive 30-day period. In the UK, political campaigns can use the electoral register to contact voters, unless they know the recipient objects to direct marketing. While voters have the right to object to marketing under the Data Protection Act, political parties, candidates, and referendum campaigners have the right to send Freepost mailings.
| Characteristics | Values |
|---|---|
| Calling method | Robocalls, autodialed text messages, and manually sent text messages |
| Calling party identification | The official business name of the calling party must be stated clearly at the beginning of the message, along with the telephone number during or after the message |
| Consent | Prior express consent is required for autodialed text messages. Consent is not required for manually sent text messages and robocalls to landlines, but there is a limit of three calls within any consecutive 30-day period for landlines. |
| Opt-out | Campaigns must honor opt-out requests, such as replying "STOP" |
| Complaints | Recipients can file an informal complaint with the FCC at fcc.gov/complaints if they receive non-compliant political robocalls or text messages |
| Data protection | Individuals have the right to object to marketing and the processing of their information for direct purposes under the Data Protection Act |
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What You'll Learn
Political campaign robocalls and robotexts
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 use robocalls and robotexts to reach voters, but they need to be mindful of the relevant regulations.
Robocalls are pre-recorded telephone calls that deliver a standardized message to a large number of recipients. Robotexts are text messages generated through autodialing and are considered a type of call, so they must comply with the same rules as robocalls. Political campaigns can use robocalls and robotexts to reach voters, but they need to follow certain rules and regulations.
For political robocalls and robotexts to mobile phones, prior express consent is required. This means that the campaign must have the recipient's permission to send them these automated messages. On the other hand, political robocalls to landlines are generally allowed without prior consent, but there are exceptions. For example, political campaigns can only make up to three robocalls to a residential landline phone without prior consent within any consecutive 30-day period.
It is important to note that recipients of unwanted political robocalls or robotexts can revoke their consent at any time and in any reasonable manner. They can reply "STOP" to a text message or indicate their preference during a voice call. Campaigns should honor these opt-out requests. If a campaign continues to send unwanted messages, recipients can report them by forwarding the texts to 7726 ("SPAM") or filing an informal complaint with the Federal Communications Commission (FCC).
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Consent for political campaign calls and texts
Political campaigns are exempt from the National Do Not Call Registry requirements. However, they must adhere to the Telephone Consumer Protection Act (TCPA) rules. This means that, in general, robocalls and robotexts to mobile phones require prior consent.
Political text messages sent to a mobile phone using an autodialer require the called party's prior express consent. Messages sent manually can be sent without prior consent. If a person is receiving texts they didn't ask for, they can report the sender by forwarding the texts to 7726 or "SPAM". Campaigns should also honor opt-out requests if the recipient replies "STOP".
The same rules apply to robocalls. 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. For calls and texts that require consent, the caller must honor the called party's request to revoke consent. The called party can revoke consent at any time and in any reasonable manner, such as replying "stop" to a text or asking not to be called again on a voice call.
In addition, political campaigns must follow the law when contacting voters and handling personal information. For example, under the Data Protection Act, individuals have the right to object to marketing from any organization and the processing of their information for direct purposes. A candidate, political party, or referendum campaigner has the right to send a Freepost mailing, but upon receiving a request to stop using personal information for marketing purposes, they must stop as soon as possible.
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Direct marketing and data protection
Direct marketing is any marketing or advertising material that is directed at particular individuals. It includes messages trying to sell goods or services and those promoting an organisation or its values, such as charities or political parties. Direct marketing could be an email advertising car insurance or a phone call from a charity asking for a donation. It does not include calls that are purely for market research.
In the context of political campaigns, direct marketing involves candidates, employees, and volunteers working for a political party or candidate contacting individuals to promote themselves and their political views. This can be done through various means, such as phone calls, text messages, emails, or postal mailings.
Data protection regulations, such as the General Data Protection Regulation (GDPR) and the Data Protection Act, govern direct marketing activities to ensure individuals' personal data is protected. Individuals have the right to object to direct marketing and the processing of their personal information for marketing purposes. This right is explicitly stated in the Data Protection Act and Article 21 of the GDPR.
To comply with data protection regulations, political campaigns must obtain consent from individuals before sending them direct marketing communications. This can be done by providing an opt-in option at the point of collecting individuals' contact details. The 'opt-in' box should be clearly visible and separate from any other terms and conditions. Additionally, individuals must be given a straightforward method to 'opt-out' of receiving marketing communications each time they are contacted.
In the case of text messages and robocalls, political campaigns must follow specific rules set by the Telephone Consumer Protection Act (TCPA). While political robocalls to landlines do not require prior consent, they are limited to no more than three calls within any consecutive 30-day period. On the other hand, robocalls and text messages to mobile phones generally require prior express consent. However, manually sent text messages can be sent without prior consent. Individuals can revoke their consent at any time by replying "STOP" or making a similar request.
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Campaign finance and donations
Despite these regulations, money from billionaires and other ultra-wealthy individuals makes up a disproportionate share of campaign financing. During the 2016 presidential campaign, the donations of fewer than 400 wealthy families accounted for nearly half of all publicly disclosed presidential campaign financing. These donors often exploit the SuperPAC loophole, which allows them to bypass the traditional donation limit for individuals.
Federal law prohibits corporations and labour unions from directly donating money to candidates or national party committees. However, a 2022 study found that billionaires are increasingly using their personal wealth and that of the corporations they control to influence elections. This includes bundling contributions, hosting political fundraisers, and focusing on issues that will further rig the tax system in their favour.
In addition to federal regulations, state-level campaign finance data is also collected by state agencies, and information on 527 committees comes from the Internal Revenue Service (IRS). The IRS also prohibits 501(c)(3) organisations from participating in any political campaign activity, with violations potentially resulting in the loss of tax-exempt status.
To promote transparency, organisations like OpenSecrets track money in politics and its effect on elections and policies. They provide searchable databases of campaign finance data, lobbying efforts, and special interest group influence.
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Surrogate appearances and management
Surrogacy in political campaigns has been around for a long time, with its roots traced back to the 1850s and 1860s when the Hutchinson family, a group of singers, publicly supported Abraham Lincoln in the 1860 election. Surrogacy in political campaigns involves celebrities, politicians, or influential people endorsing or campaigning for a candidate. For instance, Oprah Winfrey endorsed Stacey Abrams, and President Donald Trump campaigned for Brian Kemp.
The use of surrogates in political campaigns is a strategy to attract attention to a candidate. Surrogates are particularly useful in reaching out to undecided voters and encouraging people to vote. They are also leveraged to communicate with their fans and followers about their political beliefs and endorsements, especially through social media. This strategy is becoming more prevalent in local elections, where surrogates can have a more significant impact on the outcome.
While the effectiveness of surrogacy in political campaigns is debatable, there are instances where celebrity endorsements have made a notable difference. For example, Oprah's endorsement of Barack Obama is believed to have brought in hundreds of thousands, if not a million, new supporters.
Managing the use of surrogates in a political campaign involves coordinating their appearances and endorsements to maximize their impact. This includes strategically selecting surrogates who have a strong influence on the target audience and leveraging their reach through social media. Additionally, surrogates should be aligned with the candidate's values and message to maintain consistency in the campaign's overall theme.
Overall, surrogacy in political campaigns is an essential strategy to gain visibility and attract voters. By leveraging the influence and reach of celebrities, politicians, or notable figures, campaigns can effectively reach a wider audience and potentially sway undecided voters.
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Frequently asked questions
Yes, political campaigns can call businesses. However, they must follow specific rules and regulations, such as obtaining prior express consent for autodialed calls or texts to mobile phones.
The TCPA sets rules for political campaign calls and texts, including the requirement for prior consent for robocalls and robotexts to mobile phones. It also limits the number of robocalls to residential landlines without prior consent to no more than three within a 30-day period.
Generally, federal law prohibits corporations from donating directly to candidates or national party committees. However, they can contribute to political action committees (PACs) or Super PACs, which in turn support campaigns.
Political campaigns typically use the electoral register as a starting point and add more detailed information to create targeted lists. They are required to handle personal information securely and in compliance with data protection laws.
Political campaigns employ a variety of strategies, including door-knocking, canvassing, organizing events, direct mail, email marketing, and digital marketing. They also utilize data analysis to guide their strategies and target specific voter groups. Additionally, they may use surrogates, who are public figures enlisted to speak or appear on behalf of the candidate.
