Jonah Patel
The National Do Not Call Registry, created and run by the US federal government, allows Americans to opt out of receiving most telemarketing calls. However, political calls and texts are exempt from these requirements, which has led to an influx of political campaign-related calls and messages, particularly during election season. While political campaigns are not bound by the Do Not Call Registry, they must still follow specific rules outlined by the Telephone Consumer Protection Act (TCPA) and enforced by the Federal Communications Commission (FCC). This has led to a rise in unwanted calls and texts, with many people seeking ways to prevent or limit these communications.
| Characteristics | Values |
|---|---|
| Opt-out mechanism | Texting "STOP" to the number |
| Registry website | www.donotcall.gov |
| Registry exemptions | Political calls, calls from non-profits and charities |
| Political campaign calls | Permitted to landlines without prior consent |
| Political campaign texts | Requires prior consent |
| Reporting spam | Forward the text to 7726 or "SPAM" |
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What You'll Learn
Opting out of receiving political calls and texts
Political campaign calls and texts are exempt from the National Do Not Call Registry requirements. However, the Telephone Consumer Protection Act (TCPA) contains specific rules that political campaigns must follow. For instance, robocalls and robotexts to mobile phones require prior consent.
If you are receiving unsolicited political text messages, you can opt out by replying "STOP", "ENDALL", or "CANCEL". Campaigns should honor these opt-out requests. You can also report the sender by forwarding the text to 7726 or "SPAM". If you are receiving unsolicited calls, you can revoke consent at any time by asking not to be called again.
To reduce the number of unwanted texts in your inbox, you can change your phone settings to filter out unknown senders. However, this may cause you to miss text reminders for appointments or reservations. You can also use a call-and-text-blocking app, such as Should I Answer?, Hiya, and Truecaller. However, these apps may ask for sensitive information.
If you believe you have received a political robocall or text that does not comply with the FCC's rules, you can file an informal complaint with the FCC at fcc.gov/complaints.
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Robocalls and robotexts
Political campaigns have increasingly turned to robocalls and robotexts to reach potential voters since the early 2000s. While these campaign calls and texts are exempt from the National Do Not Call Registry requirements, they must comply with specific rules set by the Telephone Consumer Protection Act (TCPA).
In general, robocalls and robotexts to mobile phones require prior consent. Political campaigns are allowed to make robocalls to landlines without prior consent, but these are limited to no more than three calls within any consecutive 30-day period. Additionally, the called party can revoke their consent at any time by replying "stop" to a text or indicating their preference not to be called again on a voice call.
If you are receiving unsolicited political robocalls or robotexts, you can report them by forwarding the messages to 7726 ("SPAM") or by filing an informal complaint with the Federal Communications Commission (FCC) at fcc.gov/complaints. It is important to note that artificial or rerecorded voice messages must include identification information, such as the identity of the individual or entity initiating the call.
To reduce the number of political messages you receive, you can update your voter registration to remove your associated phone number or enlist the help of third-party call and text-blocking services like Robokiller or Textkiller. These services use global databases of known phone scams and audio fingerprints to block unwanted messages effectively.
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Autodialed and prerecorded voice calls
Political campaigns have been increasingly using autodialed and prerecorded voice calls to reach out to potential voters. While these calls and texts are exempt from the National Do Not Call Registry, there are still rules and restrictions in place to protect consumers from unwanted calls and potential scams.
The Telephone Consumer Protection Act (TCPA) governs how campaigns can legally communicate with voters through these means. Political campaigns are required to obtain prior express consent from consumers to make autodialed or prerecorded voice calls to their cell phones, pagers, or other mobile devices. This consent can be given orally or in writing, and the consumer can revoke it at any time in a reasonable manner, such as asking not to be called again on a voice call or replying "STOP" to a text message.
For autodialed or prerecorded calls to landline telephones, prior express consent is not required. However, the TCPA places restrictions on the number of calls that can be made to these lines, limiting them to no more than three calls within a 30-day period.
Prerecorded voice messages must include specific identification information. The identity of the individual or entity initiating the call, as well as their telephone number, must be clearly stated at the beginning of the message. If the caller is a business or corporate entity, their official business name must be stated clearly as well.
The use of AI-generated robocalls in political campaigns is a growing concern, with legislation being introduced to address this issue. In February 2024, the Federal Communications Commission (FCC) made AI-generated robocalls illegal following an incident where political consultant Steve Kramer was fined $6 million for using AI-generated voice cloning technology to spread election misinformation.
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Limits to the FTC's authority
The Do-Not-Call Implementation Act authorizes the FTC to collect fees and enforce a Do-Not-Call Registry. However, there are limits to the FTC's authority on the matter. The National Do Not Call Registry does not cover calls from political organizations, charities, telephone surveyors, or companies with which the consumer has an existing business relationship. This is because such calls are exempt from the Do Not Call provisions if they are made solely for a political purpose and are not part of a plan, program, or campaign to induce purchases of goods or services.
The Telemarketing Sales Rule (TSR) applies to calls that are part of a plan, program, or campaign to induce the purchase of goods or services. However, it does not apply to informational messages that are not intended to induce purchases. For example, a message from an airline about a flight cancellation. But calls that combine information with a direct or indirect solicitation for goods or services are not exempt.
Surveys or political polls are also exempt from the TSR if they are being conducted solely for the purpose of gathering information. However, these calls are not exempt if they are also part of a plan to induce purchases. Similarly, business-to-business calls are generally exempt from the Do Not Call provisions if they are made with the intent to solicit sales from that business.
It is important to note that consumers who have given written permission to receive telemarketing calls can still be called, even if they are on the National Do Not Call Registry. This permission must be in writing and include the number to which calls may be made, as well as the consumer's signature. However, consumers can revoke this consent at any time.
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Preventing and blocking political calls and texts
Political calls and texts are exempt from the National Do Not Call Registry requirements. However, the Telephone Consumer Protection Act (TCPA) contains specific rules that political campaigns must follow. For instance, political campaigns are not allowed to send robocalls and robotexts to mobile phones without prior consent. If you are receiving unwanted political calls and texts, you can take the following steps to prevent and block them:
Preventing Political Calls and Texts
- Check your consent agreements: Review any fine print agreements you may have signed up for, especially when using your phone number for online ordering, marketing, or social media platforms. These agreements may allow your phone number to be shared with other service providers, including political campaigns.
- Contact the campaign directly: If you are receiving unwanted political texts, you can try replying "STOP" to unsubscribe, as campaigns should honor opt-out requests.
Blocking Political Calls and Texts
- Utilize phone settings: You can adjust your phone settings to block unwanted calls and texts. This includes blocking unknown numbers or enabling features that filter out suspected spam calls.
- Use third-party services and apps: Many phone companies offer services or apps that can help block unwanted calls and texts. Additionally, third-party services and apps are available for download to enhance call-blocking capabilities.
- Report spam: If you are receiving spam political texts, you can forward the messages to 7726 ("SPAM") to report the sender.
- File a complaint: If you believe you have received a political call or text that violates FCC rules, you can file an informal complaint with the FCC at fcc.gov/complaints.
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Frequently asked questions
You can opt out of receiving political campaign calls and texts by texting "STOP". Campaigns are required to honor this request. You can also report the sender by forwarding the text to 7726 or "SPAM".
Yes, political calls and texts are exempt from the National Do Not Call Registry. However, political campaigns are not allowed to contact people through robocalls or robotexts without prior consent.
To prevent political campaign calls and texts in the future, you can change your phone settings to filter out all unknown senders. You can also be careful when giving out your phone number and use your landline or workplace phone number instead.
