In this very charged election year, numerous candidates and political non-profits are turning to the telephones as a means of spreading their message, encouraging voter turnout, and of course, raising money. Remember that political calls are exempt from some, but not all, telemarketing laws and regulations. The FTC has no direct jurisdiction over political non-profit entities so long as they are truly conducted not for the profit of the owners and operators. In 2015, however, the FTC filed a major DNC case against a so-called non-profit when the Commission determined it was actually being conducted for the profit of its owners, despite what the formation documents claimed.
Either way, under the Patriot Act, the FTC does have jurisdiction over for-profit telefunders trying to raise money for political campaigns. Regarding the FCC, calls by or on behalf of a tax exempt political non-profit are exempt from many TCPA restrictions, but not all.
For example, non-profit political calls are exempt from scrubbing against the national DNC list, but are still required to obtain “express consent” (not written) before autodialing a cell phone. Political organizations who reach out over the telephone should avoid the temptation to believe they are exempt from telemarketing law and should ensure they are suppressing the proper lists – cells and litigators, for example.
Political organizations who autodial cell phones with prior consent should perform wrong/reassigned number scrubbing so they don’t call the wrong party. Also remember that most states have some form of professional solicitor license requirement, which normally applies even when the caller is exempt from the state’s telemarketing license.