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Monday, November 06, 2006

Nailed to the Wall by Do Not Call

Martha Child, an independent who generally votes for Democrats, said she received five calls from the National Republican Congressional Committee in two days despite having her number listed on a federal "Do-Not-Call" list. Under state law, delivering pre-recorded political messages to numbers on any federal do-not-call list is a violation, punishable by a fine of $5,000 per call.

But a spokesman for the NRCC said the group did not violate the law.

"Because we're not a state entity, that law does not apply," said Alex Burgos.

Jim Kennedy, an election law attorney in the Attorney General's civil bureau, said it doesn't matter where a group is located or who is making the calls -- if they are being made to New Hampshire citizens, they are illegal.

music to my ears. $ 5,000 a pop.

And it's not just New Hampshire. Getting chilly for the RNC in Bismark

BISMARCK, N.D. - Recorded calls recently made from the Republican National Committee to the homes of GOP supporters were illegal, Attorney General Wayne Stenehjem said. An RNC lawyer disagreed with the Republican attorney general, but said the calls would stop.

Stenehjem's Democratic opponent, Mayville attorney William Brudvik, demanded a formal investigation and said the RNC should be fined $2,000 for each call, which featured the recorded voice of the party's chairman, Ken Mehlman

Note RNC not NRCC. Only 2,000 a pop but still very very nice. I love the bit about hwo the Attorney General is a Republican.

Ooooops not just for Republicans.

INDIANAPOLIS -- Attorney General Steve Carter filed a lawsuit in Harrison County yesterday against American Family Voices for making automated, recorded telephone calls to voters that he said violate state law.

Carter also is seeking a preliminary injunction to force the group, which has ties to Democrats, from making future calls.

I say throw American Family Voices to the wolves even if they are just normally evil telemarketers and not deliberately irritating deceptive telemarketers.

Indiana is the state of a test case. Free eats better find some way to eat for free.

links from flying hampster.

This is out of date but promising.

Maybe someone understands this. I don't see the "political exemption" in the description of Federal law, so I don't know what to make of it. Still you can check your state for a political exemption.

update: The federal law is very clear on one point and the RNCC broke the law.

47 CFR 1200 (b)(1) provides that prerecorded telephone messages must “[a]t the beginning of the message, state clearly the identity of the business, individual, or other entity that is responsible for initiating the call.”

That is from a letter to the AG, the head of the FCC and the head of the FEC by John Conyers ranking member of the justice committee and John Dingell ranking member of the energy and commerce committee.

Very good John and John. Publicity will make this scam backfire. Other Johns like say John Kerry should denounce the calls as should a couple of Clintons

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