by Craig Gilley (Venable LLP) and Laura A. Stefani (Venable LLP)
As part of a broader campaign to go after "robocall" violations, the
Federal Communications Commission (FCC) has announced a $5,134,500
fine against a company and its owners for making 1,141 robocalls in
2020 that violated the Telephone Consumer Protection Act (TCPA). The
company told recipients of the robocalls that if they voted by mail,
their personal information would "be part of a public database that
will be used by police departments to track down old warrants and be
used by credit card companies to collect outstanding debts." The case
is a strong reminder that political calling campaigns are also subject
to the TCPA.
Both the TCPA and the FCC's rules prohibit prerecorded voice calls to
wireless telephone numbers without the recipients' prior express
consent, and this is true regardless of the caller's intent. These
restrictions apply equally to both telemarketing and informational
calls, including all non-commercial and political calls. The only
exception is for calls that are made for an emergency purpose.
https://www.mondaq.com/article/news/1329388?q=1803232&n=820&tp=16&tlk=4&lk=64
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