March 14, 2023

Rules and regulations political campaigns need to comply with when sending text messages to voters

Political campaigns need to comply with various rules and regulations when sending text messages to voters. Here are some of the key rules that campaigns need to be aware of:

  1. The Telephone Consumer Protection Act (TCPA): The TCPA is a federal law that regulates telemarketing calls and text messages. Under the TCPA, political campaigns must obtain prior express written consent from individuals before sending text messages to them.
  2. The Federal Election Commission (FEC) Rules: The FEC has rules that govern political campaigns, including rules related to text messaging. Campaigns must disclose the source of the text message, such as the name of the candidate or committee that is sending the message.
  3. The National Do Not Call Registry: Political campaigns must honor requests from individuals who do not wish to receive text messages from them. Campaigns should maintain an internal do-not-contact list to ensure that individuals who have opted out are not contacted again.
  4. Opt-Out Requirements: Political campaigns must include opt-out instructions in every text message they send. The instructions must be clear and easy to understand, and campaigns must honor opt-out requests promptly.
  5. State Laws: In addition to federal regulations, political campaigns must also comply with state laws related to telemarketing and text messaging. Some states have stricter regulations than the federal government, so campaigns should consult with legal counsel to ensure compliance.

Failure to comply with these regulations can result in significant fines and legal consequences. Therefore, it's important for political campaigns to be familiar with these rules and to ensure that their text messaging practices are in compliance with them.

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