While a slew of federal and state laws govern the circumstances under which commercial entities may use automated outbound recorded calls (“robocalls”), there are some groups that have enjoyed nearly unregulated abilities to make these types of calls. Today, commercial organizations must, in many cases, seek the called parties’ written permission, particularly when calling mobile phones. They must observe permissible calling hours (not too early, not too late), identify explicitly who is calling and how the called party can reach them. They must provide a direct way for consumers to be removed from the calling list.
For a select few groups, however, the rules are very relaxed. Non-profit organizations, market research and survey groups and politicians must be careful not to call mobile numbers without permission, but beyond that, the sky is largely the limit.
Not everyone is happy with the no-holds-barred political calling. In recent years, in both the U.S. and Canada, scandals have erupted over political calling. Misleading calls, attack calls and calls that have erroneously informed voters that their polling place has changed -- in a direct effort to suppress votes -- have all occurred. Voters … and many politicians … would appear to be tired of it.
Wisconsin politicians are attempting to do something about it. A bipartisan bill has been put forth to ban political robocalling altogether, though some say it’s coming too late in the legislative session to stand a chance of becoming law anytime soon.
"This is something we can get done," Rep. Gordon Hintz (D-Oshkosh) told ABC affiliate WBAY. "But we have to put a little urgency behind it."
In reality, it wouldn’t “ban” the calls, per se. What the legislation would do, if it passes, would be to add political robocalls to the types of calls that are covered by the state’s do-not-call registry. The bill also includes language that would merge the state’s do-not-call registry with the federal do-not-call registry.
"Politically it still has some significant hurdles to overcome," said state Rep. Andre Jacque (R-De Pere), who co-sponsored the bill. "But I do think it's something that enjoys overwhelming support with the public."
The legislation would have to first pass the state senate, and an aide to the state senate majority leader noted that it’s unlikely the bill will be voted on before the session closes. In addition, it’s also unclear whether the bill has enough support to pass. After all, those voting on the bill are the ones who most directly benefit from the political-calling exemption.
Edited by Rory J. Thompson