Legal Question: Ron Paul Robo Calls To Get The Message Out

I have knowledge of a group that plans to set up a 'phone system' to get the message out about Ron Paul. This system is designed to blanket whole cities with the message.

During initial research, regulations about "Robo-Calls" was discovered. For those that do not know, a robo call is an automatic dialer that plays a recording to the person called. The rules about robo calls are pretty strict except when it comes to political parties.

Here is a quick run down of what the law says about automatic dialer robo calls and then my legal question since I cannot find the info anywhere:

Political calls

Robocalls are made by all political parties in the United States, including but not limited to both the Republican and Democratic parties as well as unaffiliated campaigns, 527 organizations, unions, and individual citizens.

Political robocalls are exempt from the United States National Do Not Call Registry. Federal Communications Commission (FCC) regulations prohibit telemarketers from using automated dialers to call cell phone numbers. However, political groups are excluded from the Federal Trade Commission (FTC) definition of telemarketer, thus robocalls from or on behalf of political organizations are permitted under the FTC rules[1]

however they are prohibited by FCC rules that prohibit all robocalls (including charity and political calls) when made to cell phones and certain other numbers, without express consent or an emergency purpose.[2]

The federal Telephone Consumer Protection Act of 1991 (TCPA) regulates automated calls.[3] While political calls are exempt from FTC 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 whereby the initiator can be reached.

The TCPA prohibits all prerecorded calls to cell phones, except those made with express consent or emergency purposes. Some states (23 according to DMNews) have laws that regulate or prohibit political robocalls.[4] Indiana and North Dakota prohibit automated political calls.[5] In New Hampshire, political robocalls are allowed—except when the recipient is in the National Do Not Call Registry.[6] Many states require the disclosure of who paid for the call, often requiring such notice be recorded in the candidate's own voice.

The patch-work of state laws regulating political robocalls has created problems for national campaigns.[7]

Political Robocalls

Now that we covered the roboCALLING side of political campaigns, the legal question would be:

What about political TEXTING? Would unsolicited text messages be 'legal' as they are not covered in the above rules and regulations?

There are 2 kinds of text messaging that can be done

One is SMS messaging where the text message would go out fron a regular phone number like 212-555-1212

The second is via MMS where the political message goes out via an email address like [email protected] to a receiver's cell phone.

DISCLAIMER:

This group contacted me via my Mobile & Text Marketing website (I build mobile websites and text marketing systems for companies that run permission based marketing campaigns) to build a system for them. Because we live in a completely litigious society here in the US, I am trying to find the legalities about a political text message system.

Once the system is built, the group that purchased it from me is responsible for their own phone list as well as the text messages going out. I would have no control of the system once delivered to the client.

Great question. Texting would be much more effective in this modern age. Aren't robo-calls only able to call landlines? Do landlines still exist? (Kidding..)

Now lets come up with what the text should say..

reply to post by greenovni


I'm unsure of the concern here.
Are you asking what is legal to include in the system you are developing, or are you asking if it's legal for you to develop and deliver a system without culpability should your client knowing, or unknowingly break the law in using it?

You do know there is a National Political Do Not Contact Registry (NPDNC)

For me when they start i turn on my answering machine and turn the ringer off.

For my cell phone i have a modem recording so it sounds like a dedicated computer line and and there machine will drop the number as a computer line.

Many robo call machines have this function because there are so many dedicated computer lines.

reply to post by greenovni


Texting is a whole other ball game. Some people have to pay for every text they receive so I'd avoid that. Plus dont poison pauls image with unsolicited annoying texts, People tend to hate those things.

Originally posted by nineix
reply to post by greenovni

 

I'm unsure of the concern here.
Are you asking what is legal to include in the system you are developing, or are you asking if it's legal for you to develop and deliver a system without culpability should your client knowing, or unknowingly break the law in using it?

The legality of texting political text messages. You see, I build 'opt-in' based systems for clients right now.

Lets say that you own a pizza shop, you can then have your clients text the keyword 'FREEPIZZA' to sign up to receive a chance to win a free pizza that your give out on Fridays. In the meantime, since they opted in to your list you can now send them discount coupons, specials etc.

This is legal as it is commercial communications to cell phones since the receiver opted in.

If you were to buy a list of cell phone numbers from your area and blast them all with commercial notifications about your pizza shop = illegal as none of these people opted in.

Now, bringing in the political side on a text message, the rules change as they are not commercial...

My question is, is it legal for a group to send unsolicited / non opt-in political text messages?

The FCC and FTC shows nothing about it hence the question on ATS.

Once I find the answer to this question I can then build the appropriate system.

For example if legal.

I can build the system with OUTGOING phone numbers for each city in the US (these send the text messages out)

I can also build a 'cell phone number generating script' that would work by just entering an area code and prefix and the script would then generate 10,000 cell phone number like:

Enter area code = 212
Enter Prefix = 555

and the script then generates a text file like so

212-555-0000
212-555-0001
212-555-0002

until it reaches

212-555-9999

thus giving the group the ability to create lists for every cell phone in America. Considering how powerful this would be for any political notification system, I want to make sure that I cover my butt before writing the first line of code.

Originally posted by ANNED
You do know there is a National Political Do Not Contact Registry (NPDNC)

For me when they start i turn on my answering machine and turn the ringer off.

For my cell phone i have a modem recording so it sounds like a dedicated computer line and and there machine will drop the number as a computer line.

Many robo call machines have this function because there are so many dedicated computer lines.

I did not know about the NPDNC which I will look into it now, thanks!

Also, please note that the system I am talking about is not a robo call system but a text messaging system, thus the 'legal' question

EDIT: After looking at the NPDNC, the first thing they say is that

Political Robocalls are exempt from the Federal Do Not Call Registry. In fact, all political calls are exempt.

Which is not a .gov organization so what they say is moot as I can't even get access to the list of people who do not want to be contacted in order to scrub them from the system. PLUS it is about robo calling not text messaging.

reply to post by greenovni


Question: Is mass spam campaigning really the best way to "get the message out"? Particularly a Ron Paul-flavored message?

Originally posted by TheWalkingFox
reply to post by greenovni

 

Question: Is mass spam campaigning really the best way to "get the message out"? Particularly a Ron Paul-flavored message?

Which is why I am asking before building such system. I like Ron Paul and would in no way build and deliver a system that would hurt his chances even if I lose the money from the payment I would receive from the group that wants the system.

Also, by finding out what is 'legal' I can build the system as either strictly opt-in where people actually sign up to receive such messages OR a TEXT BLASTING system that can cover the whole USA

I don't want to overstate the obvious here, but if you are serious about this, wouldn't it make more sense to consult an attorney than a message board?

Also, for the record, this would turn me off. I would consider it an annoyance at best, an invasion of privacy at worst.