Bills
| 3.23.22

If You're on the "Do Not Call" Registry, Should You Be Safe From Political Robocalls? (H.R. 805)

Do you support or oppose this bill?

What is H.R. 805?

(Updated June 18, 2020)

This bill — known as the Robo Calls Off Phones Act or Robo COP Act — would change the rules of the National Do Not Call Registry to prohibit political recorded messages from going out as telephone calls to numbers listed on that registry. 

The Federal Trade Commission (FTC) is responsible for maintaining the registry under the Telemarketing Sales Rule, which prevents telemarketers from calling numbers that opt out.

A “politically-oriented recorded message telephone call” would be defined as an outbound call that plays a recorded message that:

  • Promotes, advertises, campaigns, or solicits donations for or against a political candidate or regarding a political issue; or
  • Uses a political candidate’s name.
This legislation would only apply to pre-recorded robocalls where a live person isn't available to speak with the person picking up the phone.

Argument in favor

Pre-recorded political phone calls should be subject to the same rules as all other telemarketing calls. If a person bothered to sign up for the Do Not Call Registry they probably don’t want robocalls from political candidates or interest groups.

Argument opposed

Political content, whether it comes from a candidate running for office or an interest group, shouldn’t be restricted as robocalls can help mobilize voters who may not have turned out to vote without receiving a reminder call.

Impact

All Americans that are listed on the Do Not Call Registry; political candidates and interest groups who would make calls using recorded political messages; and the FTC.

Cost of H.R. 805

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Rep. Virginia Foxx (R-NC) introduced this legislation to put an end to the scourge of political robocalls that many Americans have to deal with each election year:

“Every election season Americans are inundated with pre-recorded campaign calls that flood their home phone lines. Just as unsolicited sales calls from telemarketers are an unwelcome intrusion for many Americans, political robocalls are often viewed as a nuisance and come at inconvenient times for many individuals and families. The Robo COP Act would eliminate a special carveout for political campaigns, making politicians play by the same rules as everyone else who makes robocalls. Just as individuals are able to opt out of unsolicited sales calls, they should have the right to opt out of receiving campaign robocalls.”

This bill doesn't have any cosponsors in the current session of Congress. Last Congress, it had three bipartisan cosponsors, including two Democrats and one Republican, and didn't receive a committee vote. Rep. Fox has introduced this legislation every term since she entered Congress in 2004 — but it has yet to be enacted.


Of Note: Robocalls to mobile phones and home phone lines, including calls by political organizations, are generally prohibited without prior written consent. However, there are exceptions to the landline robocall prohibition for certain categories of calls, including: emergencies, calls of a purely informational nature (e.g., school closures or flight delays), and calls from charities and political organizations.

A recent rule proposed by the Federal Communications Commission (FCC) — not to be confused with the FTC, which would implement this legislation — would allow phone carriers to block robocalls and automated text messages at the request of their consumers.


Media:

Summary by Eric Revell
(Photo Credit: Pixlr adaptation of Flickr user Mike Licht's image)