SubscribeAll artificial or prerecorded telephone messages shall... At the beginning of the message, state clearly the identity of the business, individual, or other entity that is responsible for initiating the call.Seems pretty straightforward. The robocalls described indicate their source at the end of the call, not the beginning.
(3) Private right of action
A person or entity may, if otherwise permitted by the laws or
rules of court of a State, bring in an appropriate court of that
State--
(A) an action based on a violation of this subsection or the
regulations prescribed under this subsection to enjoin such
violation,
(B) an action to recover for actual monetary loss from such
a violation, or to receive $500 in damages for each such
violation, whichever is greater, or
(C) both such actions.
If the court finds that the defendant willfully or knowingly
violated this subsection or the regulations prescribed under this
subsection, the court may, in its discretion, increase the amount of
the award to an amount equal to not more than 3 times the amount
available under subparagraph (B) of this paragraph.Broadcast, cable, or satellite communication means a communication that is publicly distributed by a television station, radio station, cable television system, or satellite system.Plus, the FEC's official BCRA page on electioneering communications explicitly excludes stuff disseminated over the telephone. So, sadly, they didn't violate McCain's baby this time, as humorous as that would be.
It's already pretty clear what the Republican response is going to be to their scam robocall operation.
Everybody does it. Everybody does robocalls.
Another lie.
We discussed this last night.
Both parties deliver millions of robocalls during election season. You've probably gotten the calls from both parties and many outside groups. It happens every cycle.
Only one party has a nationwide campaign to deliver millions of intentionally-harassing calls disguised to appear that they're from the opposite party. That party is the Republican party. And the calls are funded by the NRCC -- the House GOP election committee.
It's the party of election subversion. Deal with it.
Smedleyman:"The real advantage which truth has, consists in this, that when an opinion is true, it may be extinguished once, twice, or many times, but in the course of ages there will generally be found persons to rediscover it, until some one of its reappearances falls on a time when from favorable circumstances it escapes persecution until it has made such head as to withstand all subsequent attempts to suppress it." -John Stuart Mill,"In the long run, we are all dead." -John Maynard Keynes
Democrats also cited Federal Communications Commission guidelines saying the originators of automated calls must identify themselves at the beginning of each call. Republican Party lawyers, however, said the requirement does not apply to political nonprofit organizations. They rebuffed a "cease and desist" letter sent yesterday by the DCCC.I'm not sure whether they're getting confused about the exemptions in 47 CFR 64.1200(a)(2) (which, again, almost certainly don't apply to the identification requirement), or trying to use the more sophisticated legislative intent argument footnote described, or something else. But the democratic party is pursuing this issue, and the potential for large financial penalties after the election would appear to be there.
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posted by StrasbourgSecaucus at 10:08 PM on November 5, 2006