Does your nonprofit want to build power and amplify its impact by engaging in robocalling and texting campaigns? Would it surprise you to find out that while this type of advocacy can effectively boost your reach and put you in touch with thousands (even millions) of supporters, it also comes with rules related to opt-out requirements, mandatory disclaimers, prior consent, and more? On this episode, we’ll introduce you to our new Robocalling guide and walk through several of the issues your nonprofit needs to think about before you pick up the phone or click send on a robocall or robotext campaign. 

  

Attorneys for this Episode 

Monika Graham 

Melissa Marichal Zayas 

Natalie Ossenfort 

 

Robotext and Robocall Campaigns 

• Federal Communications Commission (FCC), Federal Trade Commission (FTC), and Federal Election Commission (FEC) each regulate robocalls and robotexts 

• For example, the Telephone Consumer Protection Act (TCPA), enforced by the FCC, strictly limits when organizations can make robocalls and robotexts. Violations of TCPA can result in stiff fines, so know the rules before you launch your next campaign. 

• Keep in mind that many states also have their own rules on these communication methods. 

Federal Restrictions on Robocalls / Robotexts 

• What are robocalls and robotexts? Calls or texts made with an autodialer or using an artificial or pre-recorded voice.  

• Under federal law (the TCPA), a nonprofit organization must obtain an individual’s “prior express consent” to: (a) send a call or text to a cell phone using an autodialer, a prerecorded voice, or an artificial voice, or (b) to send more than three prerecorded or artificial voice calls to a landline in a 30-day period. 

• Express consent requires: 

• The person gave permission to be contacted at their cell phone number. 

• The call is within the scope of the consent given. 

• The person hasn’t revoked their consent. 

• Prior express consent is not the only consideration you need to think about before engaging in robocall or robotext campaigns. Identification, opt-out, and disclaimer requirements are going to be relevant too. 

• For example, federal law requires that all pre-recorded voice telephone messages to cell phones or landlines must include a specific identification disclaimer. Disclaimer must: 

• Clearly state at the beginning of the message the official registered name of the organization initiating the call, and 

• The telephone number of the organization (not the number of the vendor who placed the call, a 900 number, or a number for which charges exceed normal local or long-distance transmission charges). 

• Disclaimers may also be required if a non 501(c)(3) organization expressly advocates for or against a federal candidate or solicits contributions in relation to a federal election --> triggering federal campaign finance law, which is enforced by the FEC. 

• This type of disclaimer should not apply to 501(c)(3)s which are prohibited by the Internal Revenue Code from supporting or opposing candidates for public office. 

• Likewise, the IRS may require a disclaimer if fundraising solicitations are made by non-501(c)(3)s reminding the potential donor that contributions are not tax deductible. 

 

Remember: State Law Matters Too! 

• Many states restrict certain types of calls, like robocalls. When they do, they often apply to both cell phones and landlines. 

• In many instances, state laws are similar to the federal rules, but variations between state and federal law do exist, and some states restrict calls that would otherwise be allowed under federal law. 

• Consult with counsel before launching your campaign because common state law requirements include: 

• Notification or self-identification requirements 

• Time restrictions 

• Geographic limits 

• Permit requirements 

• Prohibitions on caller ID blockers 

• And more! 

• State law may also require lobbyist or campaign finance registration and reporting in some instances. 

 

FAQ

• New Robocalling guide contains a handy FAQ, where you can find answers to common questions like: 

• What are the best ways to collect cell phone numbers for these types of campaigns? 

• Are landlines treated differently than cell phones? 

• What happens when a cell phone number is reassigned to someone other than the person who provided consent? 

 

Resources 

• Robocalling Rules: Before You Pick Up the Phone, Hold That Call. What You Need to Know about Robocalls, Robotexts, and Autodialers