OVERVIEW: POLITICAL TEXT MESSAGING

Getting a lot of political text messages lately? You’re not alone. This year’s high stakes Presidential election will drive an enormous increase in political text messaging across the entire United States. While political calls and text messages are not exempt from the Telephone Consumer Protection Act (TCPA), they are not regulated in the same way as marketing calls. This article outlines the regulations and requirements that govern text-based political solicitation.

TCPA GUIDELINES FOR POLITICAL MESSAGING

Political campaigns that violate the TCPA face the same penalties as telemarketers and call centers that violate the law. Under the TCPA, the Federal Communications Commission (FCC) and/or state attorneys general can bring enforcement actions. The regulation also allows individuals to file lawsuits or class actions against marketers and campaigns, with uncapped statutory damages and penalties of up to $500-per-violation and $1,500-per-willful-violation.

Political and non-profit campaign calls to landline numbers are generally exempt from the TCPA’s do-not-call rules (with some exceptions). However, the TCPA limits the use of autodial calls, texts, and prerecorded voice messages (“robocalls”) to mobile phone numbers.

Consent Requirements: If you are calling a landline phone number as part of a political or non-profit campaign, you do not need the contact to consent to communication. However, if you are calling or texting a wireless number, prior express consent is required, even if the calls are informational. Consent can be obtained through multiple means, not merely written consent.

Co-Venture Calls: If a commercial entity is contacting individuals through calls or texts on behalf of a non-profit organization or a political campaign, and these communications are not directly related to the non-profit or political purpose, they would fall under the regulations of the Telephone Consumer Protection Act (TCPA). Furthermore, even if the communication includes both charitable or political content and a commercial message, it would still be considered a ‘telephone solicitation’ according to the TCPA.

FCC Identification Requirements: All pre-recorded calls from a political campaign must include the following identifying information to protect consumers from unauthorized agents and bad faith misinformation brokers:

• “The identity of the business, individual, or other entity initiating the call (and if a business or 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.”

DNC (DO-NOT-CALL) REGISTRY RULES

While the National Do Not Call (DNC) Registry prohibits unsolicited sales calls, it permits non-“telephone solicitation” calls, including political and charitable calls, without requiring consent. Organizations making such calls do not need a Subscription Account Number (SAN).

STATE AND LOCAL LAWS

State-level telemarketing laws can be more stringent than federal regulations. Restrictions on calls and texts related to political campaigns or non-profit organizations are often outlined in state-specific laws. For instance, certain states consider charitable donations as part of their definition of ‘telephone solicitation.’ Charities and political fundraisers should exercise caution, as state regulators and watchdog groups closely monitor relationships that may disproportionately benefit non-profits.

STILL HAVE QUESTIONS?

Follow the practices above to improve client engagement and watch satisfaction rates soar! And check out our other articles for more advice on specific industries and use cases.