Yesterday, the FCC released an Enforcement Advisory to remind political campaigns about their obligations under the Telephone Consumer Protection Act (“TCPA”). The Advisory did not set forth any new rules for calls and texts; rather, it confirmed existing rules and reminded political campaigns that they are subject to them.
The Advisory first confirmed that prerecorded or autodialed calls to mobile phones are prohibited, except in cases of emergencies, federal debt collection, or with the prior express consent of the recipient. The Advisory then summarized the requirements for prerecorded or autodialed calls to landline phones, including identification and line seizure requirements.
The Advisory concluded with a reminder that failure to comply with the TCPA can lead to enforcement actions and penalties as high as $16,000 per violation. This is in addition to any private right of action that the TCPA authorizes, with statutory damages as high as $1,500 per call. The Advisory also cross-references talking points and a FAQ with further information about how the TCPA applies to political campaigns.