The Telephone Consumer Protection Act (TCPA) regulates political calls, campaign messages, and prerecorded voice calls to prevent intrusive communications. Enacted in 1991, the TCPA ensures compliance with Federal Communications Commission (FCC) regulations while protecting consumer rights.
While political campaigns claim broad exemptions, these exemptions have limits. The law distinguishes between calls to landlines and wireless numbers, requiring prior express consent for certain communications. Political calls using an automatic telephone dialing system (ATDS) or prerecorded messages to mobile devices require prior express written consent unless it’s an emergency.
The FCC also prohibits misleading caller ID spoofing under the TRACED Act. Campaigns must honor opt-out requests and disclose their identity at the start of each call.
FCC’s Role in Regulating Political Calls
The FCC enforces TCPA compliance, ensuring political campaigns follow regulations and protecting consumers from illegal robocalls. It investigates complaints, issues fines, and collaborates with agencies like the Federal Trade Commission (FTC) and state attorneys general.
Recent FCC Policy Updates:
Stricter caller ID requirements: Campaigns must provide identification and a callback number.
Enhanced opt-out mechanisms: Opt-out options must be clear and honored immediately.
Crackdown on caller ID spoofing: The FCC penalizes deceptive AI-driven or misleading caller ID practices.
What Political Campaigns Can and Cannot Do
Calls to Landlines vs. Mobile Phones
Landlines: Robocalls and prerecorded messages are generally allowed with proper identification.
Mobile Phones: Autodialed and prerecorded calls require prior express consent unless an exemption applies.
Identification & Caller ID Rules
Political robocalls must state the caller’s name, organization, and contact details upfront.
Caller ID spoofing is illegal, with strict penalties under the TRACED Act.
Consent Requirements for Political Calls
Under TCPA do-not-call rules, campaigns must obtain prior express consent before making autodialed calls or sending texts to wireless numbers. Additionally:
Telemarketing calls require written consent, but political calls are exempt.
Recipients can revoke consent at any time.
Nonprofits have limited exemptions but must comply when calling wireless numbers.
Enforcement Actions Against Illegal Robocalls
Consumers can take legal action against TCPA violations. Penalties include FCC enforcement, fines, and lawsuits. Steps to address violations:
File an FCC complaint.
Document violations, including ignored opt-out requests.
Seek damages (up to $1,500 per illegal call).
Political Campaign Exemptions Under TCPA
Exemptions depend on call type, recipient phone type, and nonprofit status. While campaigns have outreach freedoms, they must follow legal guidelines.
When Campaigns Do Not Need Consent:
Live calls to residential landlines don’t require prior consent.
Prerecorded landline calls must include clear identification.
Calls to wireless numbers using ATDS or prerecorded messages require consent.
Live Calls vs. Prerecorded Messages
Live campaign calls face fewer restrictions but must honor opt-outs.
Prerecorded calls to mobile numbers require prior express consent and must include opt-out options.
Exemptions for Nonprofits
Tax-exempt nonprofits (e.g., 501(c)(3), 501(c)(4)) can call landlines without prior consent.
Autodialed or prerecorded mobile calls require consent.
State laws may impose additional restrictions.
State-Specific Robocall Laws
While the TCPA sets federal standards, some states impose stricter regulations on political robocalls.
Examples of Stricter State Laws:
Florida: Requires written consent for all autodialed calls.
California: Bans AI-generated voices in robocalls.
Texas imposes severe penalties for caller ID spoofing.
State attorneys general investigate complaints and enforce compliance, often working with the FCC and FTC.
How to Block Unwanted Political Robocalls and Texts
During elections, voters receive numerous campaign calls. While some are legal, many violate TCPA rules. Steps to reduce unwanted calls:
Register on the National Do Not Call Registry (limited effectiveness for political calls).
Submit opt-out requests directly to campaigns.
Revoke consent by replying “STOP” to texts or requesting removal.
Use carrier tools like AT&T Call Protect, Verizon Call Filter, and T-Mobile Scam Shield.
Frequently Asked Questions (FAQ)
1. What is prior express consent, and why is it important?
Prior express consent refers to a consumer’s permission given before receiving certain types of calls or messages. Businesses, including political campaigns, must obtain prior express consent before making telemarketing calls, political calls, or autodialed live calls to mobile phones.
2. How does prior express written consent differ from prior express consent?
Prior express written consent is a more stringent requirement that applies to telemarketing calls and prerecorded voice calls. This consent must be in writing and clearly authorize the calling party to deliver political robocalls, text messages generated by an automatic telephone dialing system, or other campaign calls.
3. Can political campaigns make calls and send text messages without consent?
Political campaigns must comply with the Telephone Consumer Protection Act (TCPA). While they can call landlines without prior express consent, they need prior express written consent to contact mobile devices using an automatic telephone dialing system or prerecorded messages.
4. Are there rules for campaign calls made to protected phone lines?
Yes, campaign calls cannot be made to protected phone lines, including emergency numbers, hospitals, and certain wireless phone numbers, without proper consent. The FCC’s rules also prohibit unsolicited calls to toll-free lines and other mobile devices without prior express consent.
5. What should I do if I receive unwanted political calls or text messages?
You can submit opt-out requests to stop unwanted political text messages or calls. Calling parties must honor opt-out requests and cease future calls immediately.
6. How can I revoke consent for political robocalls?
You can revoke consent at any time by notifying the calling party through a reasonable method, such as replying “STOP” to a text message or requesting removal from their call list.
7. What are do-not-call rules, and how do they apply to political callers?
The Do Not Call rules prohibit telemarketing calls to individuals who have registered their numbers on the National Do Not Call Registry. However, political callers are generally exempt, though they must still honor do-not-call requests when made directly by the called person.
8. What is caller ID spoofing, and is it legal?
Caller ID spoofing occurs when a caller falsifies identification information to disguise their identity. Under the TRACED Act, illegal robocalls using caller ID spoofing to mislead consumers are prohibited, including those from political parties.
9. How does the TCPA apply to autodialed calls and artificial intelligence?
The TCPA regulates autodialed calls, including those using artificial intelligence to generate prerecorded messages. Political campaign-related autodialed calls must comply with these regulations and require clear and conspicuous disclosure before being made.
10. Do non-profit organizations need to comply with TCPA regulations?
Yes, non-profit organizations, including those involved in voter registration or political party outreach, must comply with TCPA regulations when making political calls or sending text messages.
11. What are the rules for maintaining proof of consent for political calls?
Organizations must maintain records showing they obtained prior express consent before making automated calls or sending political text messages. This includes keeping proof of prior express written consent where required.
12. Can political robocalls be made outside regular business hours?
No, political robocalls and other campaign-related calls must be made within regular business hours to comply with TCPA guidelines.
13. What should be included in a clear and conspicuous disclosure?
A clear and conspicuous disclosure should inform the recipient that they are consenting to receive prerecorded voice calls, autodialed live calls, or text messages generated by an automatic telephone dialing system.
14. How does the TRACED Act help reduce illegal robocalls?
The TRACED Act strengthens enforcement against illegal robocalls by increasing penalties, requiring voice service providers to implement caller ID authentication, and making it easier to trace and block fraudulent calls.
15. Can political campaigns use toll-free numbers for outbound calls?
Yes, but they must comply with FCC regulations and cannot make unsolicited calls to toll-free numbers without prior consent.
16. Are there any exceptions to these rules?
There are a few exceptions to TCPA regulations, mainly for emergency communications or calls made with the recipient’s explicit consent.
17. How can consumers file complaints about unwanted political calls?
Consumers can file complaints with the Federal Communications Commission (FCC) or the Federal Trade Commission (FTC) if they receive illegal robocalls or if a calling party fails to honor opt-out requests.
Conclusion: Protect Your Rights Against Unwanted Political Calls
Political campaigns must comply with TCPA rules, including consent requirements, identification policies, and opt-out mechanisms. If you receive unsolicited political robocalls or texts, you have the right to report violations and seek legal action.
At Bourassa Law Group, we specialize in TCPA enforcement. If you’ve received illegal political robocalls, contact us today to protect your rights and hold violators accountable.
1-800-870-8910