Automated GOP calls may break N.H. law

[Justice]

The National Republican Congressional Committee acknowledges that its automated phone program on behalf of a local congressman may violate New Hampshire law, but said that it would continue, despite opposition from local party leaders.

"We are a federal organization campaigning about a federal race," said Burgos. "We feel that New Hampshire law does not apply to what we are doing."



http://www.boston.com/news/local/articles/2006/11/05/automated_gop_calls_may_break_nh_law/

Absolutely stunning.

[zanne]

1. Haven't they learned not to mess with NH?

After the phone-jamming convictions, you'd think they'd smarten up.

[Mr_Spock]

2. These fuckers are messing around in my "live free or die" state again?

I'm telling you, NH is going to go blue at some point in the future and these fuckers are going to be sent packing for a long time.

[sarge43]

9. It already is

Yesterday's poll had Paul Hodes within one percentage point of Chuckie Bass. Lynch (Dem and Gov)is 68% to what'shisname's 28.

Yeah, don't tell Graniteheads "we don't need your stinkin' laws." They gets cranky.

[Mr_Spock]

12. I liked the poll where Hodes was up 6 points better!

Still, NH has one of the most Republican state legislatures in the country (at least that's my impression) - lots of work to do here.

[sarge43]

15. Oooo, nice

Yeah, the leg is just about wall to wall Repubs. The northern counties like Coos will stay Repub for a long time to come, but down in the Iron Triangle the demographics are changing rapidly to blue, so time to get to work.

[Mr_Spock]

16. Yup, I think there is a lot of growth potential here for DFA etc...

A win for a Dem US Congressman would really help to motivate folks though!

:D

[sarge43]

19. Yes it would

Time for the good doctor to send some big bucks upcheer. Time to get serious.

[JeniB]

29. NOT FOR LONG...............

By Wednesday morning our legislature will be Democratic!!!

[aquart]

21. Send them to JAIL.

[LiberalFighter]

3. If they admit doing it in NH then they are doing it in every state AND

in Indiana

[BrotherBuzz]

30. No, they learned their lesson in Indiana, but it's backfiring nevertheless - LOL

http://www.talkingpointsmemo.com/archives/010802.php

In a year in which Republicans are blasting immigrants and trying to exploit xenophobia for political gain, Rep. Mark Souder (R-IN) is denouncing the phone bank calls made in support of his campaign by the NRCC because the live callers have such heavy Indian or Hispanic accents.

...
The NRCC calls were supposed to attack Hayhurst as "bad on immigration" or as a proponent of higher taxes. Here's the immigration call script:

“The United States now is home to 11 million illegal immigrants, and the number grows every year. But instead of protecting our borders, congressional candidate Tom Hayhurst supports citizenship opportunities for illegal aliens.”


According to the Fort Wayne Journal-Gazette, Souder said "he was especially exasperated that a phone message about immigration was delivered by people with heavy accents."

Now, here's the kicker. Typically, the NRCC would use automated robocalls to deliver this kind of message. But because robocalls are illegal in Indiana and because the Indiana Attorney General has already successfully sued one GOP 527 group, the Economic Freedom Fund, to stop such calls, the NRCC is being forced to use live callers, a task which it has apparently outsourced.

[Laelth]

4. I don't get this.

What's the point of a Federal "Do Not Call" list if telemarketers (and political campaigns) are going to use that list to find numbers to call? Why isn't it a Federal crime (as opposed to a state crime) to call someone on the Federal "Do Not Call" list?

My number is on the Federal "Do Not Call" list, and I have gotten several recorded slander messages against my Congresscritter (Marshall GA-03 D-but barely) supporting his opposition, Mac Collins (R). I will feel like an idiot for putting my number on the list if people are just going to use the list as a database of people to call.

Unenforceable? New Hampshire law doesn't apply when making a call into New Hampshire? I can see how it would be hard to serve a complaint and get jurisdiction over a California company in New Hampshire, but I am still mystified that violation of the Federal "Do Not Call" list is not a Federal crime.

Can anyone with more knowledge of the subject give us some insight as to what's going on here?

-Laelth

[zanne]

5. You know the GOP...

They'll agree to stop doing it on Nov. 8

[TroglodyteScholar]

6. Charities and political campaigns...

...are exempt from the federal "do not call" list. Always were.

[ret5hd]

8. Not saying you are wrong, but...

if that is so, why would they acknowledge "that its automated phone program on behalf of a local congressman may violate New Hampshire law..."

In other words: if there is an exemption, then you are breaking no laws, thus no need for an acknowledgement

[ret5hd]

10. AHA!!! Per the article linked in the OP...

<snip>
Federal law allows campaigns and parties to call those on the federal do-not-call list. But under a 2004 state law, delivering prerecorded political messages to numbers on any federal do-not-call list is a violation, punishable by a fine of $5,000 per call.
</snip>

It's not the call, it's the recording!

[Laelth]

25. I did not know that.

Thanks.

-Laelth

[TroglodyteScholar]

26. From the horse's mouth...

From http://www.ftc.gov/bcp/conline/pubs/alerts/dncalrt.htm>http://www.ftc.gov/bcp/conline/pubs/alerts/dncalrt.htm:

--------------------
29. If I register my number on the National Do Not Call Registry, will it stop all telemarketing calls?

No. Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all. Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls.

30. Are calls from political organizations or calls soliciting for charities covered?

Political solicitations are not covered by the TSR at all, since they are not included in its definition of “telemarketing.” Charities are not covered by the requirements of the national registry. However, if a third-party telemarketer is calling on behalf of a charity, a consumer may ask not to receive any more calls from, or on behalf of, that specific charity. If a third-party telemarketer calls again on behalf of that charity, the telemarketer may be subject to a fine of up to $11,000.

--------------------

The state stuff, however, I can't really comment on.

[iamjoy]

7. That's Just Stupid

Even if it isn't illegal (I think polticial and religious organizations are exempt from "Do Not Call" and "No Soliciting" rules) it's dumb.

If some one is on a Do Not Call registry or has a No Solicting sign and you call/knock on their door - they are probably not going to have warm and fuzzy feelings about you or the person/group you represent. And while maybe you won't be fined or jailed, you will likely lose a voter.

When I am canvassing, I generally avoid houses with No Soliciting signs as a matter of courtesy. It is better than responding to ticked off voter with a lesson on law and civics. If I am phone banking and some one says they are on a Do Not Call list, I apologize, politely mention that it does not apply to political campaigns and offer to remove them from our list.

But, the Republicans can just keep right on making those calls to people who don't want to be bothered.

[Branjor]

11. I'm on the federal do not call list too

but still got several repub and dem recorded calls.

What REALLY ticked me off is that I got 3 repub recordings left on my answering machine, all of which I had to listen to before erasing them.

I'm in NJ.

[williesgirl]

13. I'm in VA, on the do not call list, got recording of Newt Gingrich last week

[OregonBlue]

36. I signed up for DoNotCall on the web and I thought it said something

about it not applying to political parties.

[formercia]

14. Ugh!

Sorry Chief, we don't recognize that treaty, Great Father (True Parents) not recognize deal made by enemy tribe.

[OregonBlue]

17. Anyone taking it to court?

[JeniB]

31. I'm sure they will.

Democratic Party chair Kathy Sullivan is pretty feisty. She won't let this go. She's a lawyer and made sure that the perpetrators of the last phone jamming stunt were prosecuted. I'm sure if there's a legal leg to stand on she'll fight.

[texpatriot2004]

18. Silly Americans, Republicans don't have to follow laws

sarcasm on.

[formercia]

22. We don't need no stinking laws.

don't need no sinking badges either.

[minnesota_liberal]

34. laws are for losers

GOP has plenty of dirty money and too many lawyers. Why would they pay attention to laws?

[aquart]

20. Oh, I sincerely hope they are corrected on that little error.

Five years in a state penitentiary would be completely acceptable to me. With daily instruction on the US constitution and the meaning of a federal system.

If the penalty is not at least five years, current laws really need to be amended. A mugging hurts a few people....this mugging hurts a state.

An honest government would be issuing warrants as we speak.

[texpatriot2004]

23. Me too nm

[TexasLawyer]

24. the Bushies make their own reality

and their own laws.

[Tesha]

27. Like so many laws, the "Do Not Call" law was deliberately written so that...

Like so many laws, the "Do Not Call" law was
deliberately written so that it assuredly
didn't apply to the assholes who wrote it.

*THEY* still have the freedom to drag us away
from our dinners.

Tesha

[Lurking Dem]

28. The "States' Rights!" party strikes again.

[Vinca]

32. To make matters worse,

the calls are repeated numerous times and are down and out harrassing. The caller gives the impression it's someone from the Democratic campaign calling and bugging the hell out of them, hoping they'll become pissed off and stay home on Tuesday. (This from a local campaign organizer.) Damn - the state prison's going to need a wing just for the Republicans.

[FernBell]

33. kick

[Justice]

35. email Keith O - ask him to do a story on this robo calling tonight

[Toots]

37. This said by the "State's Rights" party?

:crazy: