Political Campaigning: Tcpa Restrictions And Their Impact

Political campaigns are not exempt from the Telephone Consumer Protection Act (TCPA) or similar state telemarketing regulations. The TCPA applies to autodialed or pre-recorded voice calls, including autodialed live calls, autodialed texts, and pre-recorded voice messages sent to cell phones, pagers, or other mobile devices. While manually-dialed live voice political calls are not subject to the TCPA, political campaigns must obtain prior express consent from the called party for autodialed or pre-recorded calls or texts to mobile phones. The TCPA also allows called parties to revoke consent at any time and through any reasonable means, such as replying stop to a text or asking not to be called again.

TCPA Restrictions on Political Campaigns

Explore related products

How to Be a Wildly Effective Compliance Officer: Learn the Secrets of Influence, Motivation and Persuasion to become an In-Demand Business Asset

$12.63 $15.99

IMPACT OF POTENTIAL RESTRICTIONS ON ANTI-DRUG MEDIA CAMPAIGN CONTRACTORS

$17.75

To amend the Federal Election Campaign Act of 1971 to restrict the use of soft money in political campaigns, to improve the enforcement of campaign ... on campaign spending, and for other purposes.

$15.75

Uncounted

$30 $17.19

To amend the Federal Election Campaign Act of 1971 to further restrict contributions to candidates by multicandidate political committees,.

$14.75

To amend the Federal Election Campaign Act of 1971 to restrict the use of non-Federal funds by national political parties, to revise the limitations ... which may be made under such Act.

$14.75

Manually-dialled calls are not subject to TCPA restrictions

The Telephone Consumer Protection Act (TCPA) contains specific rules that political campaigns must follow. The TCPA, enacted in 1991, aims to eliminate repetitive, irrelevant, or excessively intrusive calling practices. It applies to all outbound communications, including manual phone calls, faxes, voice messages, text messages, and automatic dialing systems.

While the TCPA restricts certain types of calls, it is important to note that manually dialled calls are generally not subject to TCPA restrictions. This means that if a person manually dials a phone number, the call is not subject to the same rules as those made using an autodialer or prerecorded messages. This is because the TCPA specifically targets automated and prerecorded calls, which are considered more intrusive and harassing than manually dialled calls.

In the context of political campaigns, volunteers manually dialling telephones are likely not subject to the TCPA. However, it is important to note that this exemption does not apply if the manually dialled call includes sales messaging or unsolicited advertisements, in which case it would fall under the scope of the TCPA. Additionally, while prior express consent is not required for manually dialled calls to landlines, it is still necessary for calls or texts to mobile phones.

It is worth mentioning that while manually dialled calls may be exempt from TCPA restrictions, political campaigns must still comply with other regulations, such as honouring opt-out requests and maintaining proof of prior express consent (PEC) for calls that require it. The called party can revoke consent at any time and through any reasonable means, such as replying "STOP" to a text or verbal request on a voice call. Campaigns should also be aware of state-specific restrictions on political calls, as they may vary from the TCPA rules.

Autodialled calls to mobile phones require prior consent

The Telephone Consumer Protection Act (TCPA) contains specific rules that political campaigns must follow when making autodialled calls to mobile phones. While campaign calls and texts are exempt from the National Do Not Call Registry requirements, autodialled calls to mobile phones require prior express consent. This means that the recipient of the call must have given permission for their number to be called. This can be done by providing their phone number directly to the caller or by giving permission for their number to be called through a third-party service.

It is important to note that this consent can be revoked at any time by the recipient. If the recipient of an autodialled call revokes their consent, the caller must honor their request and stop calling. The recipient can revoke consent in any reasonable manner, such as replying "stop" to a text or asking not to be called again on a voice call.

Political campaigns should be aware of the TCPA regulations and ensure they have the necessary consent before making autodialled calls to mobile phones. Providing a phone number for voter registration or to a political party does not grant consent for political callers to use an autodialer to call that number. Campaigns should also be prepared to honor opt-out requests if the recipient changes their mind about receiving calls.

To stay compliant with TCPA regulations, political campaigns should consider obtaining prior express written consent before making autodialled calls to mobile phones. This can be done by having a well-written consent form that is included with any purchase or service, clearly stating that the recipient consents to receive autodialled calls. Additionally, campaigns can record calls to capture verbal consent, which can provide a solid defense if a call recipient later claims they requested no contact.

Political callers must maintain proof of consent

Political callers must be able to provide proof of consent for every call they make. This is because, under the Telephone Consumer Protection Act (TCPA), political campaigns are not exempt from regulations. The TCPA applies to calls and texts made by political campaigns and other organisations. While manually-dialled live voice political calls are not subject to the TCPA, calls and texts to wireless numbers made with an autodialer or that deliver a prerecorded artificial voice are prohibited unless the campaign has received prior express consent from the called party. The burden of proof is on the campaign to show that it has obtained consent, and the called party may revoke that consent at any time, orally or in writing, and through any reasonable means. This includes replying "stop" to a text or asking not to be called again on a voice call.

It is important to note that providing a phone number for voter registration does not grant consent to political callers because the phone number is given to the voter registration organisation, not to individual campaigns or political callers. Similarly, providing a phone number to a political party does not grant consent to specific candidates. If volunteers are manually dialling telephones, the TCPA likely does not apply. However, autodialled calls or texts to cell phones require prior express consent. Therefore, it is crucial for political callers to maintain proof of consent for every call for which it is needed.

To ensure compliance with the TCPA, political campaigns should follow a checklist of dos and don'ts. This includes knowing the source of their calling list and asking for proof of consent before calling or texting cell phones using an autodialer or pre-recorded messages. By following these ground rules, political campaigns can avoid legal issues and potential fines. The FCC has stated that it will "vigorously enforce" the TCPA, and each violation carries a possible $16,000 fine.

Explore related products

To amend the Federal Election Campaign Act of 1971 to provide for voluntary expenditure limitations, to restrict the practice of ``bundling'' of ... for contributions to candidates for Congress.

$15.75

The Anglo-Maratha Campaigns and the Contest for India: The Struggle for Control of the South Asian Military Economy

$94.15 $164

A Military History of the Cold War, 1962–1991 (Campaigns and Commanders Series Book 70)

$28.45 $40

The Party's Primary: Control of Congressional Nominations

$21.8 $37

The Cristal Experiment: A Chicano Struggle for Community Control

$13.39 $29.95

Minority Voting in the United States: [2 volumes]

$135 $144

A called party can revoke consent at any time

Political campaigns have some leeway when it comes to making calls or sending texts using an Automatic Telephone Dialing System (ATDS). They are not required to check numbers against the National Do Not Call (DNC) Registry, and they can call landlines without consent. However, the Telephone Consumer Protection Act (TCPA) does impose certain restrictions on political campaigns.

Political campaigns must obtain prior express consent from the called party before making autodialed or prerecorded voice calls, including autodialed live calls, autodialed texts, and prerecorded voice messages to cell phones, pagers, or other mobile devices. The same restrictions apply to protected phone lines, such as emergency or toll-free lines, or lines serving hospitals or similar facilities.

It is important to note that providing a phone number for voter registration or to a political party does not grant consent to political callers or specific candidates. Consent must be given directly to the campaign or caller. Additionally, if volunteers are manually dialling telephones, the TCPA likely does not apply.

TCPA violators face penalties of $500 per call

The Telephone Consumer Protection Act (TCPA) contains specific rules that political campaigns must follow. Political campaigns that violate the TCPA face penalties of $500 per call or text message. These penalties can be trebled to $1,500 per violation if the infringement is deemed willful. While this fine may seem small compared to those imposed by other telemarketing regulations, they can quickly accumulate due to the uncapped statutory damages allowed by the TCPA.

For example, in a lawsuit brought by a serial plaintiff, the court found that 22 calls violated the TCPA's requirements, resulting in a total penalty of $33,000. In another instance, the initial damages were assessed at $400 per call, but when treble damages of $1,200 per violation were included, the total damages amounted to $61 million.

It's important to note that political campaigns have some leeway when using an Automatic Telephone Dialing System (ATDS) or making manual calls. Calls to landline numbers do not require prior express consent, and these campaigns are exempt from the National Do Not Call Registry requirements. However, political campaigns must still follow the TCPA's rules, and the called party can revoke consent at any time through any reasonable means, such as replying "stop" to a text or verbal request.

To ensure compliance with the TCPA, political campaigns should be aware of the regulations and understand the consent requirements for different types of calls and text messages. By doing so, they can avoid penalties and maintain lawful outreach efforts during election seasons.

Frequently asked questions