Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org
Interesting news today from the Attorney General (AG) from Missouri, Jay Nixon. Interesting in that I don't know that he can really do what he would like to.
He is attempting to enforce The Telephone Consumer Protection Act of 1991 (TCPA) and a section that regulates identification around who is initiating calls as well as a requirement around including a telephone number or address to reach the caller. (Here is a Wikipedia entry about the law as well)
But I sure wish he could ! And perhaps he can.
In a press release today, Jay Nixon said:
Attorney General Jay Nixon today alerted political campaigns in Missouri that even though the state No Call law does not prohibit political "robo-calls", federal law is clear in requiring all telephone calls using pre-recorded messages to identify who is initiating the calls and include a telephone number or address to reach them. Nixon also is asking Missourians who receive robo-calls that don't comply with the law to file complaints, so his office can take legal action.
It is critical to understand that the AG is trying to enforce the part of the law that simply regulates robo calls, rather than bans them.
My understanding, however, of the code is as follows (a quote directly from the FTC and the person in charge of enforcement):
Political calls neither solicit call recipients’ purchases of goods or services nor solicit charitable contributions. Therefore, they are not “telemarketing” as defined by the Telemarketing and Consumer Fraud and Abuse Prevention Act <http://www.law.cornell.edu/uscode/15/ch87.html> (codified in relevant part at 15 U.S.C. §§ 6101-6108), and are not within the scope of coverage of the TSR.
And, yet, the AG of MO and the AG of OK think that they can apply the TCPA to political calls.
According to the office of the AG (MO) the AG of OK has tried to enforce this section of the code but that the decision is now under review. According to Wikipedia: The court decision, Oklahoma v. Pope, 2007 WL 108943 (W.D. Ok., Jan 9, 2007) held that the calls did indeed violate the TCPA. Further proceedings in that case are expected.
More power to them.
Unfortunately.
Bottom line:
- It is a start
- It will not stop any robo calls
- Legitimate robos can continue anytime, anyplace, anywhere
- Illegitimate robos will continue and no one will one where they came from
- Voters will continue to be harassed by politicians and having their privacy invaded
Washington, DC - Shaun Dakin, CEO The National Political Do Not Contact Registry - Sign up for free at StopPoliticalCalls.org
