Political Campaigns: Your Number, Their Target

Political campaigns are increasingly turning to text messaging as a way to reach potential voters. While this method of communication can be effective, it raises questions about how political campaigns obtain individuals' phone numbers in the first place. In the United States, for example, political parties can subscribe to state Voter Registration systems, which provide access to the contact information of registered voters. Additionally, campaigns may use Peer-to-Peer (P2P) companies, which enable campaigners to send personalized text messages to potential voters at a rapid pace. However, it's important to note that the use of autodialing technology or robocalling services by political campaigns is subject to specific regulations, such as the Telephone Consumer Protection Act (TCPA), which requires prior express consent from the recipient.

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Political campaigns can text voters without permission, but not using auto-dialing technology

Political campaigns can legally text voters without their express permission, but only if the messages are sent manually by a person and not using auto-dialing technology. This is because, under the Telephone Consumer Protection Act (TCPA), text messages generated through auto-dialing are considered a type of call and must comply with the same rules as robocalls, which require prior consent.

The TCPA restricts the use of automatic telephone dialing systems and artificial or prerecorded voice messages. This means that political campaigns can send manual text messages without prior consent, but they cannot use auto-dialing technology to send these messages without first obtaining the recipient's consent.

The Federal Communications Commission (FCC) has rules in place for "robotexts", which are text messages sent using auto-dialing technology. According to the FCC, political text messages sent to a mobile phone using an autodialer require the called party's prior express consent. However, messages sent manually by a person are exempt from this rule and can be sent without prior consent.

It is important to note that while political campaigns can legally text voters without their permission, it does not mean that they obtained your phone number legitimately. It is possible that you unknowingly gave consent for your phone number to be shared with political campaigns through fine print in end-user agreements when using your number for online ordering, marketing, or social media platforms.

If you are receiving unwanted 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 reply "STOP" to the message to revoke your consent and request that the campaign honors your opt-out request.

Voter registration forms may ask for your number, but won't disclose that campaigns can access it

While voter registration forms may ask for your phone number, they won't disclose that political campaigns can access this information. Political campaigns have been increasingly using text messaging as a means to reach potential voters. The Federal Communications Commission (FCC) permits campaigns to send text messages to mobile phones without prior consent, as long as they are not sent using autodialing technology. This means that a real person must send each message, rather than a robocalling service. Campaigns are also allowed to make robocalls to landlines without prior consent, but there are restrictions on the number of calls that can be made within a given period.

The Telephone Consumer Protection Act (TCPA) governs the rules for political campaign communications. The TCPA prohibits campaigns from using autodialing technology or prerecorded voice messages to send text messages to mobile devices without the recipient's prior express consent. This consent can be revoked at any time, and campaigns must honour opt-out requests. If you are receiving unwanted text messages from political campaigns, you can report them by forwarding the messages to 7726 or "SPAM". You can also file an informal complaint with the FCC.

Peer-to-peer (P2P) texting companies like Hustle, GetThru, and OpnSesame are commonly used by campaigns to send text messages to potential voters. These companies provide software that enables campaigners to send messages at a faster pace while complying with the law. P2P texting is considered effective and personal, allowing for a conversation between the campaigner and the recipient. However, it is important to note that while P2P texting does not use autodialing, it can still result in an influx of unwanted text messages during election seasons.

To protect your privacy, you can take steps such as registering your number on the National Do Not Call Registry. While this will not prevent political campaign calls and texts, it can help reduce unwanted commercial or telemarketing communications. Additionally, you can be vigilant about providing your phone number only to trusted sources and reviewing the privacy policies of organisations you share your information with. It is also worth noting that you have the right to revoke consent for receiving campaign communications at any time and in any reasonable manner.

Campaigns use Peer-to-Peer companies to send messages at a faster pace

Political campaigns can be a very effective way to reach out to potential voters. Campaigns use various methods to contact voters, including cold-calling, emails, and text messaging. While cold-calling can be interruptive, and emails often go unopened, text messages have a high open rate, with over 90% of text messages being opened within the first three minutes of being sent.

Campaigns are always looking for ways to send messages at a faster pace, and one way they have found to do this is by using Peer-to-Peer (P2P) companies. P2P texting is a relatively new technology in the political space, allowing campaigners to send messages at a faster pace while maintaining a level of personalization. P2P texting companies like Hustle, GetThru, OpnSesame, and RumbleUp create a wrapper application for text messaging, allowing a single person to send many auto-filled texts rapidly from a long-form phone number. This way, campaigns can send thousands of messages an hour while avoiding 'autodialing' restrictions.

The use of P2P texting also allows campaigns to have personalized, one-on-one conversations with voters in a quick and simple way. A spokesperson for a non-profit working with political campaigns stated that "It's a super effective and personal medium...Without being incredibly interruptive - like phone calls." The same spokesperson also highlighted the fact that there is a real person on the other end of the line who can have a conversation with the recipient, making it more intimate than a robocall.

While P2P texting can be a powerful tool for political campaigns, it is important to note that it can also be open to abuse. For example, in the 2020 election, text messages with misleading information about Biden's remarks on children's transgender rights were sent to people in swing states, claiming to be from a Democratic volunteer. This highlights the need for regulations to ensure that P2P texting is not used to disseminate false or misleading information.

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Campaigns must honour opt-out requests if you reply 'STOP'

Political campaigns can be a nuisance, especially during election season, when it is likely there will be an increase in calls and texts from them. While campaign calls and texts are exempt from the National Do Not Call Registry requirements, the Telephone Consumer Protection Act (TCPA) contains specific rules they must follow.

Political campaigns can legally text you without your permission, as long as it's done by a human, rather than auto-dialling technology. However, political campaign-related autodialed or pre-recorded voice calls, including autodialed live calls, autodialed texts, and pre-recorded voice messages, are prohibited to cell phones, pagers, or other mobile devices without the called party's prior express consent.

If you are receiving texts that you didn't ask for, you can report the sender by forwarding the texts to 7726 ("SPAM"). Campaigns must also honour opt-out requests if you reply "STOP". This is the most common way to stop receiving texts from an automated system. If you are still receiving texts after replying "STOP", you can file an informal complaint with the FCC at fcc.gov/complaints.

Political robocalls to landlines are allowed without prior consent

Political campaigns are exempt from the National Do Not Call Registry requirements, but they must follow the rules of the Telephone Consumer Protection Act (TCPA). This Act restricts the use of automatic telephone dialing systems and artificial or prerecorded voice messages.

The TCPA also requires that any artificial or prerecorded voice calls must include certain identification information. The identity of the individual or other entity initiating the call must be clearly stated at the beginning of the prerecorded message. If the calling party is a corporate entity, the entity's official business name must be stated clearly at the beginning of the message. The telephone number of the calling party must be provided, either during or after the message.

The TCPA also applies to text messages generated through autodialing, which are considered a type of call and must comply with the same rules as robocalls. Political text messages sent to a mobile phone using an autodialer require the called party's prior express consent. However, messages sent manually can be sent without prior consent.

If you are receiving unwanted political robocalls or texts, you can report the sender by forwarding the texts to 7726 ("SPAM") or by filing an informal complaint with the Federal Communications Commission (FCC) at fcc.gov/complaints.

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