DO NOT CALL Registry Exemption for Campaigns
Have you ever wondered how politicians and campaigns acquire your personal contact information?
It can be frustrating, especially when you receive multiple unsolicited emails, text messages, and phone calls on a daily basis.
As a candidate, it is important to know the rules to avoid unnecessary complaints and distractions from the mission of your campaign.
National Do Not Call Registry Exemption:
Political campaign calls and texts are exempt from the National Do Not Call Registry requirements. That said, there are requirements and a process to obtain your exemption. It is also important to be aware that some states have their own laws regulating or prohibiting political robocalls, which may impose additional restrictions beyond federal regulations. Adhering to these guidelines is crucial to ensure your campaign's outreach efforts are both effective and compliant with federal regulations.
The Federal Communications Commission DNC Exemption does allow a registered campaign to communicate with the public, allowing them to call, text and email you, but there are rules that they must abide by. If you are considering running for office, it is essential to understand the Federal Communications Commission (FCC) regulations governing political campaign communications via calls and texts. Here's a concise overview:
Robocalls and Robotexts to Mobile Phones:
Campaign-related autodialed or prerecorded voice calls, including autodialed live calls, autodialed texts, and prerecorded voice messages, are prohibited to cell phones, pagers, or other mobile devices without the called party's prior express consent.
However, it is permissible for a candidate or an affiliated individual to call you directly. They can also send you a peer to peer text message, meaning a text message that was individually sent directly to you. Automated or bulk text messages are prohibited without an “opt-in” by the recipient.
Robocalls to Landline Phones:
Political robocalls to landline telephones are allowed without prior express consent. However, such calls are limited to no more than three within any consecutive 30-day period.
Opt-Out Compliance:
For calls and texts that require consent, the caller must honor the called party's request to revoke consent. The called party can revoke consent at any time and in any reasonable manner, such as replying "stop" to a text or asking not to be called again on a voice call.
Artificial Intelligence (AI) Usage:
The FCC considers calls made with AI-generated voices as "artificial" under the Telephone Consumer Protection Act (TCPA). This classification means that using voice cloning technology in robocalls is subject to the same restrictions as other artificial or prerecorded voice messages. Stay away from it, as any act to deceive a voter will be considered a scam or fraud, and it will not benefit your campaign.
Considerations when operating a text or phone campaign:
Put yourself in the shoes of the people you are trying to reach. In many cases, this may be your only opportunity to make an impression on a prospective voter, so make it count. Every interaction should serve a clear purpose and provide the recipient with an easy way to take action if they choose to do so.
Use common sense when crafting your messages and determining their frequency. By 2024, texting became a highly popular campaign tool—but also a source of frustration for many recipients. Set clear parameters for when you and your team send messages, and avoid overwhelming your audience. Respect their time, and don't wear out your welcome.
Be transparent about who you are and how recipients can opt out of future messages. Few things are more frustrating for recipients than receiving messages from an unknown sender or organization. Americans value transparency; if you can't confidently attach your name or campaign to a message, reconsider sending it. Additionally, if someone opts out of receiving messages, honor their request promptly and without exception. Respecting their preferences is key to maintaining a positive impression.
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