Robocall
Robocall is American pejorative jargon for an automated telemarketing phone call that uses both a computerized autodialer and a computer-delivered recorded message. The implication is that a "robocall" resembles a telephone call from a robot.
Political calls
Robocalls are made by all political parties in the United States, as well as unaffiliated campaigns, 527 organizations, Unions, and individual citizens. Robocalls are exempt from the United States National Do Not Call Registry. FCC regulations prohibit telemarketers from using automated dialers to call cell phone numbers. However, political groups are excluded from the definition of telemarketer and calls from or on behalf of political organizations are still permitted.[1]
The Federal Telephone Consumer Protection Act of 1991 (TCPA) regulates automated calls.[2] While political calls are exempt from Federal regulations, all calls, irrespective of whether they are political in nature, must do two things to be considered legal. The federal law requires all telephone calls using pre-recorded messages to identify who is initiating the calls and include a telephone number or address to reach them.
Some states (23 according to DMNews) have laws that distinguish political robocalls from other kinds of political telemarketing. For example, in Indiana and North Dakota, automated telemarketing calls are illegal.[3][4] In New Hampshire, political robocalls are allowed — except when the recipient is in the National Do Not Call Registry.[5] Many states require the disclosure of who paid for the call, often requiring such notice be recorded in the candidate's own voice.
In 2008, the political campaigns of John McCain are making heavy use of Robocalls to attack Barack Obama. Obama's campaign responded with Robocalls of their own. A non-profit, non-partisan organization called Stop Political Calls was set up to allow citizens to opt-out of receiving them.[6]
California
California Public Utilities Commission Code sections 2871-2876 holds political campaigns to the same rules as other organizations or businesses using "robo-calls."[7] Here are the guidelines: 1. A "live" person must come on the line before the recording to identify the nature of the call and the organization behind it. 2. The recipient of the call must consent to allowing the recording to be played. 3. The call must be disconnected from the telephone line as soon as the message is over or the recipient hangs up, whichever comes first.
Missouri
In September 2008, Missouri Attorney General Jay Nixon alerted political campaigns in Missouri that this office would aggressively enforce federal rules (TCPA) requiring calls to include identifying and contact information.[8]
North Carolina
Robocalls were made during the 2008 North Carolina Democratic primary, targeting African-American voters in the days leading up to the primary in late April 2008,[9] which essentially told registered voters that they were not registered.[10] According to NPR [11] and Facing South[12], these calls were made by the organization "Women's Voices Women Vote."[13] Voters and watchdog groups complained that it was a turnout-suppression effort, and the state Attorney General Roy Cooper ordered them to stop making the calls.[13] The group stopped the calls and no further legal action was taken.
February 2008 Senate Hearing
California Senator Diane Feinstein (D-CA) introduced the Federal Robocall Privacy Act[14] in February of 2008 at Senate Committee on Rules and Administration hearing. The Act proposed to: 1) Limit robo calls to no more than 2 a day by any one candidate, 2) mandate that candidates have accurate caller ID numbers displayed, 3) mandate that the disclosure of who is paying for the call occur at the start of the call, rather than at the end of the call, 4) mandate that the time of the call occur not before 8 AM or after 9 PM. The bill was read twice, but has received no further action as of October 2008.[15]
Shaun Dakin, CEO of Citizens for Civil Discourse, testified at the hearing and described how robo calls impact the lives of voters across the nation.[14] He also wrote an op-ed for the Washington Post calling for a Voter Privacy Bill of Rights in which all voters would have the right to opt-out of political robocalls if they did not wish to receive them.[16]
See also
References
- ^ FTC - Q&A: The National Do Not Call Registry
- ^ Federal Telephone Consumer Protection Act of 1991 (TCPA).
- ^ Phonebank accents irk congressman - UPI, November 5, 2006.
- ^ States enforce limits on robocalls - DMNews, "States enforce limits on robocalls"
- ^ Repeat calls not from Hodes - Concord Monitor, November 5, 2006. "Repeat calls not from Hodes"
- ^ "CNN.com/www.cnn.com/2008/POLITICS/10/23/robo.calls/index.html".
- ^ California Public Utilities Code Section 2871-2876.
- ^ Attorney General's News Release. Nixon alerts political campaigns that federal law requires “robo-calls” to include identifying and contact information. September 4, 2008.
- ^ "Elections board hunting robocaller," The News & Observer, April 28, 2008. Accessed April 29, 2008.
- ^ Daily Kos Blog.[unreliable source?] (blog) Accessed April 29, 2008.
- ^ Group with Clinton Ties Behind Dubious Robocalls : NPR
- ^ Facing South: Center for Investigative Reporting follows Women's Voices' political connections
- ^ a b Murray, Shailagh, "Women's Voices, Women Vote: Did the Outreach Overreach?", Washington Post, Sunday, May 4, 2008; Page A10, found at Washington Post article on Women's Voices Women Vote. Accessed May 5, 2008.
- ^ a b Committee on Rules and Administration. Protecting Voters at Home and at the Polls: Limiting Abusive Robocalls and Vote Caging Practices. February 27, 2008.
- ^ S. 2624: Robocall Privacy Act of 2008. Accessed 23 October 2008.
- ^ Washington Post. A Privacy Shield Against the Campaigns. Shaun Dakin. Saturday, September 13, 2008; Page A17.