Why Are Political Calls Exempt?

Well, here we are in the U.S. with another election and voting on State propositions coming up, and here come the calls on the phone from not only candidates wanting your support but those who back State propositions contacting you as well.

So the first thing you ask yourself is: Didn’t I sign up on the National Registry through the Federal Trade Commission for having my telephone number listed on the “Do Not Call” list? Why then am I hearing from these folks?

The answer: The National Do Not Call Registry applies to any plan, program, or campaign to sell goods or services through interstate phone calls. This includes telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who provide, offer to provide, or arrange to provide goods or services to consumers in exchange for payment.

The National Do Not Call Registry does not limit calls by political organizations, charities, or telephone surveyors.”

Who is exempt? Here you go:

“EXPANDED DEFINITION OF EXEMPT ORGANIZATIONS

What is an Exempt Organization?

In general, an Exempt Organization is not required to access the National Do Not Call Registry, but is allowed access as an Exempt Organization, if one or more of the following is true:

Your organization is not subject to either the FTC’s or the FCC’s jurisdiction. For example, a non-profit charitable organization may be an Exempt Organization, assuming, of course, that it is truly a non-profit. Entities that have been granted tax exempt status under the Internal Revenue Code are not necessarily Exempt Organizations for purposes of the National Do Not Call Registry. See, e.g., FTC v. National Consumer Council, Inc., and FTC v. Debt Management Foundation Services, Inc., at http://www.ftc.gov/opa/2005/03/creditcouncel.htm
Your organization does not engage in any “telemarketing” or “telephone solicitation” activities, as defined by the FTC and FCC, respectively. For example, survey calls and political polling calls are not covered by the definition of “telemarketing” or “telephone solicitations.” An organization that places ONLY these types of calls may be an Exempt Organization.
Your organization qualifies for one or more of the specific exemptions contained in the FTC’s and FCC’s rules, such as:

you only call to solicit charitable contributions; or
you only call consumers with whom you have an established business relationship; or
you only call consumers from whom you have received written permission to call; or
you only make business-to-business calls.

If you are a for-profit telemarketer, you are NOT an Exempt Organization, even if you call consumers on behalf of an Exempt Organization, such as a non-profit. See, e.g., National Federation of The Blind v. FTC, 420 F.3d 331 (4th Cir. 2005).

Additionally, you must be accessing the National Registry solely to prevent telephone calls to telephone numbers on the National Registry.

Whether your organization is exempt is a decision that requires an understanding of the FTC’s and FCC’s requirements, as well as your specific business practices. Therefore, whether you should subscribe as an Exempt Organization is a decision you must make. In making this decision, you may wish to consult with an attorney.

If you are not an Exempt Organization and you have nevertheless subscribed to the Registry as an Exempt Organization, you may be subject to civil and/or criminal penalties. If you subscribed as an Exempt Organization by mistake, and wish to withdraw your subscription, please contact the Help Desk.

You may wish to consider the following materials when deciding whether to subscribe to the National Do Not Call Registry as an Exempt Organization:

The FTC Act at 15 U.S.C. §§ 41-58 and related case law.
The Communications Act at 47 U.S.C. §§ 151-757 and related case law.
The Telephone Consumer Protection Act (TCPA) at 47 USC §227 and related case law.
The Telemarketing and Consumer Fraud Abuse Prevention Act at 15 U.S.C. §§ 6101-6108 and related case law.
The Telemarketing and Consumer Fraud Abuse Prevention Act at 15 U.S.C. §§ 6101-6108 and related case law.
The Do Not Call Implementation Act at P.L.108-10, 117 Stat. 557, and related case law.
The Telemarketing Sales Rule at 16 C.F.R. § 310 and related Agency statements and case law.
The FCC’s rules implementing the TCPA at 47 C.F.R. § 64.1200 and related Agency statements and case law.

NOTE: You may also want to review the requirements in those states in which you plan to do business and/or to which you plan to place calls. Many states prohibit calls to telephone numbers listed on the National Do Not Call Registry.

For more information, please see FTC INFORMATION AND DOCUMENTS above.”

The above quoted information comes from the Do Not Call site set up by government:

https://telemarketing.donotcall.gov/faq/faqbusiness.aspx#expandDef

Well, as this is law, guess who wants to exempt themselves from this? We keep getting calls for CA Proposition 32. How many so far? Four. Have we asked them not to call again? Yes. Do they call again? Yes. Is this harassment? To us it is. Why will they not honor our request not to be called again? Oh, I forget, they are exempt!

When you have the fox watching the hen house beware!  The little foxes that refuse to include themselves in the do no call list should be asked to include themselves.  Write to your State representative and tell them about your displeasure of receiving calls to vote for them, and to include organizations who are backing propositions!

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About wrantandwrave

Just a pair of folks who have something to say...
This entry was posted in Politics, Rants and tagged , , , , . Bookmark the permalink.

One Response to Why Are Political Calls Exempt?

  1. PJ says:

    Good points on the Do Not Call Registry. The bloated egos of politicians would not allow for them to be included on the registry. And – why do I want to hear from political groups about ballot measures, so they can influence me? I suppose they don’t think I’m intelligent enough to decide for myself – another reason they should be included on the Do Not Call Registry.

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