The Political Telemarketing Guide
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The Political Telemarketing Guide The Political Telemarketing Guide Document Transcript

  • The Political Telemarketing Guide A special supplement to Campaigns & Elections’ Politics magazine produced in partnership with Holtzman Vogel PLLC August 2009
  • Xjoojoh! Xjoojoh! efqfoet!po! efqfoet!po! nbljoh!uif nbljoh!uif sjhiu!dbmm/ sjhiu!dbmm/ Campaigns Across America Won In 2007 Using Conquest For A Complete Tele-Contact Solution. Campaigns Across America Won In 2007 Using Conquest For A Complete Tele-Contact Solution. Nblf!uif!sjhiu!dbmm!xjui!Dporvftu!Dpnnvojdbujpot!Hspvq/ Nblf!uif!sjhiu!dbmm!xjui!Dporvftu!Dpnnvojdbujpot!Hspvq/ Every winning campaign requires effective tele-contact. In today’s fast-paced world of campaigning, QualityisGrouponerequiresyou get thetele-contact. InService aofcomprehensive, tele-contact still Integrity tele-contact can help effective Price Every winning campaign of the best ways to reach voters quickly fast-paced world Conquest today’s and inexpensively. campaigning, Communicationsis still one of the best ways to reach voterstele-contact budget with Conquest most of your quickly and inexpensively. Communications Group Operator andthethat will put your campaign on thewith ato victory. coordinated,Live can phone program most of yourCalling programs. comprehensive, strategic help you get Automated tele-contact budget path Conquest Communications Group delivers put your campaign on the path to victory. plan. coordinated, strategic phone program that will on your full telecommunication CONQUEST TM CONQUEST TM COMMUNICATIONS GROUP GUIDE OPINION. LEAD PEOPLE. MAKE HISTORY.SM COMMUNICATIONS GROUP GUIDE OPINION. LEAD PEOPLE. MAKE HISTORY.SM 2 8 1 2 E m e r y w o o d P a r k w a y, S u i t e 1 0 3 n R i c h m o n d , Vi r g i n i a 2 3 2 9 4 n 804-358-0560 2 8 1 2 E m e r y w o o d P a r k w a y, S u i t e 1 0 3 n R i c h m o n d , Vi r g i n i a 2 3 2 9 4 xxx/DporvftuHspvq/dpn n 804-358-0560 xxx/DporvftuHspvq/dpn
  • Special 2009 Political Telemarketing Supplement ´ Politics 3
  • Founder Stanley Foster Reed (1917–2007) President Jordan S. Lieberman Associate Publisher Tracy Allman Dietz Director of Advertising John Wallace Sales Associate Emily Leonard POLITICAL WORLD COMMUNICATIONS®, LLC Chairman, Chief Executive Officer Mike Hennessy President and COO Herbert A. Marek Business Manager Butch Hollenback Free political communication will always be one of Americans’ most valued rights. In an era with lower and lower barriers of entry into the “Great Conversation,” however, state governments are making efforts to limit political telemarketing.Viola- tions of these laws have resulted in massive fines for some. I want to personally thank Jason Torchinsky and his team at Holtzman Vogel PLLC for their research.Their work will undoubtedly help keep cam- paigns and political professionals on the right side of an increasingly complex set of regulations. This is not and should not be consid- ered a formal legal opinion. As the laws change constantly and the definitions vary from state to state, this is a generic guide only. You should consult an attor- ney for specific information before com- mencing any phone program involving state registered political committees. For additional information, contact: Jason Torchinsky Holtzman Vogel PLLC 540-341-8808 jtorchinsky@holtzmanlaw.net 4 Politics ´ Special 2009 Political Telemarketing Supplement
  • Robocalls Call Times (state call Allowed times are noted if they Campaign for Calls by differ from the federal Finance Other Requirements (any state requirements below Jurisdiction Candidates times) Disclaimer are in addition to the federal requirements) FEC disclaimer Must identify entity responsible for call at the begin- required for ning. During or at the end of the call must provide a Federal phone number for the organization where the person Candidates and may leave a message asking to be removed from the Federal Yes 8am to 9pm Committees list. Cannot call cell phones. Alabama Yes 8am to 8pm, but not Yes Sundays or holidays** Alaska Yes Yes Arizona Yes Yes Arkansas No California Yes, but live 9am to 9pm Yes Live operator consent required before playing recorded operator intro messages. ADAD operator must obtain permit from phone and consent company. Scripts must be maintained for 4 years. required Colorado Yes No The Colorado General Assembly encourages political organizations to voluntarily comply with the Do-Not-Call rules. Connecticut Yes, with 9am to 9pm** Yes Candidate’s name and voice must be included in the restrictions narrative of the call. Delaware Yes Yes **Time restriction applies only to commercial or solicitation calls. Special 2009 Political Telemarketing Supplement ´ Politics 5
  • Robocalls Call Times (state call Allowed times are noted if they Campaign for Calls by differ from the federal Finance Other Requirements (any state requirements below Jurisdiction Candidates times) Disclaimer are in addition to the federal requirements) FEC disclaimer Must identify entity responsible for call at the begin- required for ning. During or at the end of the call must provide a Federal phone number for the organization where the person Candidates and may leave a message asking to be removed from the Federal Yes 8am to 9pm Committees list. Cannot call cell phones. District of Yes No Columbia Florida Yes Yes Calls on behalf of candidate require authorization to be filed with the appropriate public offical. Business conducting paid calls must have registered agent in Florida to begin making calls and must maintain registered agent for 180 days after calls end. Such forms must be filed with the state government. Affidavit of Exemption may be required as well. Georgia Yes, with No Intrastate ADAD operators require permit from the state; restrictions Interstate ADAD operators do not need the permit. Calls to conduct a poll or solicit information require live operator intro. Wholly automated calls are not permitted to conduct polls. Hawaii Yes Yes Name and address of sponsor required. Idaho Yes, with 9am to 9pm Yes Must notify telephone companies where calls are originating restrictions and terminating. Special restrictions on push polls. Must disclose the name of the person for whom the call is being made, the purpose of the call, and the contact information of the caller at the outset of the message. Illinois Yes 9am to 9pm** Yes May be required to file an initial registration with Illinois if soliciting for contributions. Indiana Yes, but live 9am to 8pm** Yes Not permitted unless subscriber has knowingly, voluntarily operator intro consented, permitted or authorized receipt or message is and consent immediately preceded by live operator who obtains consent. If required immediately preceded by live operator, then must disclose: (1) name of business, firm, organization for which the call is made; (2) purpose of the message; (3) identity, or kinds of good/ services promoted; and (4) intention to solicit payment, if applicable. Do not leave recorded messages on answering machines. Iowa Yes, if not for No ADAD permissible if not used for fundraising calls. ADAD fundraising may be used for fundraising calls if initial prerecorded message of a duration of no greater than seven seconds prior to live operator intercept, or calls with initial message from live operator. Kansas Yes Yes Kentucky Yes, but with No State name and telephone number of person or organization restrictions initiating the call within first 25 seconds of call and at the conclusion. Operate ADAD only when attended. 6 Politics ´ Special 2009 Political Telemarketing Supplement **Time restriction applies only to commercial or solicitation calls.
  • The Winding Creek Group combines the talents of some of With over a decade of actual, on the ground experience the best operatives in political, corporate and grassroots fighting tough fights, winning campaigns and handling consulting and leverages our experience to fit the needs multiple crisis management scenarios, the Winding Creek and goals of our clients. Group is your go-to team when everything is on the line. Services Contact us Telephone Voter Contact www.windingcreekgroup.com Campaign Management Crisis Management Washington, DC Office: Campaign War Room 2852 Connecticut Ave., NW Political Action Committee (PAC) Management Washington, DC 20008 202-386-6129 July 2009 ´ Politics 7
  • Robocalls Call Times (state call Allowed times are noted if they Campaign for Calls by differ from the federal Finance Other Requirements (any state requirements below Jurisdiction Candidates times) Disclaimer are in addition to the federal requirements) FEC disclaimer Must identify entity responsible for call at the begin- required for ning. During or at the end of the call must provide a Federal phone number for the organization where the person Candidates and may leave a message asking to be removed from the Federal Yes 8am to 9pm Committees list. Cannot call cell phones. Louisiana Yes, but with 8am - 8pm Monday- Yes Prior consent through live operator or special ADAD restrictions Saturday. No calls Sunday, feature required if conducting a poll or soliciting information. or on state declared ADAD cannot operate unattended. Include telephone number holidays.** and name of organization within first 25 seconds of call at the end. Written authorization from candidate required. Maine Yes 9am-5pm Yes ADAD calls that name a clearly identified candidate must Monday-Friday only** clearly state the name of the person who made or financed the communication (except for ADAD calls paid for by candidate which use the candidate’s voice.) Only one call to any single number in an 8-hour period. Within first minute, state name, address and telephone number of the organization. Maintain copy of transcript for 24 months. Push poll permitted only with disclaimer, “This is a paid political advertisement by (name of persons or organization)” and states, “This call is conducted by (name of organization).” Other special rules for push polls apply. Registration required prior to making political call, unless already registered to do business in Maine. Maryland Yes, with Yes Do not use ADAD calls to conduct polls. restrictions. Live operator intro and con- sent required if conducting a poll. Massachusetts Yes 8am-8pm** No Customers may notify their phone company if they do not wish to receive ADAD calls. Michigan Yes 9am-9pm No Must register with state attorney general before soliciting for contributions. Disclosure for solicitation requirements includes name/purpose of organization, whether organization is acting on behalf of a public safety organization, specific purpose(s) and upon request, percentage ranges of contributions. Minnesota Yes, but live 9am-9pm No ADAD call not permitted unless subscriber knowingly or operator intro voluntarily requested, consented to, permitted or authorized and consent receipt of message, OR message is immediately preceded required by live operator obtaining consent. Live operator must state name of organization, purpose, identify goods/services (if any) and intention to solicit payment or funds. 8 Politics ´ Special 2009 Political Telemarketing Supplement **Time restriction applies only to commercial or solicitation calls.
  • Robocalls Call Times (state call Allowed times are noted if they Campaign for Calls by differ from the federal Finance Other Requirements (any state requirements below Jurisdiction Candidates times) Disclaimer are in addition to the federal requirements) FEC disclaimer Must identify entity responsible for call at the begin- required for ning. During or at the end of the call must provide a Federal phone number for the organization where the person Candidates and may leave a message asking to be removed from the Federal Yes 8am to 9pm Committees list. Cannot call cell phones. Mississippi Yes, but live 9am-9pm Yes, for judi- Live operator must state nature of call and name, address operator intro cial candidates and telephone number of the organization represented. Must and consent and their disconnect from telephone line upon termination of call. required committees Contact MS Public Utility Commission regarding possible application requirement prior to making calls. Missouri Yes No Montana Yes, but live Yes operator intro and consent required Nebraska Yes 9am-8pm** Yes Any person using an ADAD other than for telephone solicita- tions shall register the device with the commission and shall include with the application a detailed explanation of the use planned and the message to be used. Any person contracting with a third party to connect or operate an ADAD for other than telephone solicitations shall file with the commission the message to be used within 24 hours after the message is transmitted. Special 2009 Political Telemarketing Supplement ´ Politics 9
  • Robocalls Call Times (state call Allowed times are noted if they Campaign for Calls by differ from the federal Finance Other Requirements (any state requirements below Jurisdiction Candidates times) Disclaimer are in addition to the federal requirements) FEC disclaimer Must identify entity responsible for call at the begin- required for ning. During or at the end of the call must provide a Federal phone number for the organization where the person Candidates and may leave a message asking to be removed from the Federal Yes 8am to 9pm Committees list. Cannot call cell phones. Nevada Yes Yes Specific rules apply to “push poll” calls. New Hampshire Yes, but not Yes Political calls made via ADAD for the purpose of obtaining to do-not-call information, data or opinions are subject to registration/ list, and with permit requirements. Political campaign calls made by a vendor restrictions using ADAD are subject to state do-not-call restrictions. New Jersey Yes, but live Yes operator intro/ consent required New Mexico Yes 9am-9pm** Yes A campaign committee or political committee that pays directly or indirectly for telephone calls shall maintain a record of the script of the calls for at least ninety days following Election Day. If any of the calls are recorded messages, a copy of the recording shall also be maintained for that period. Can you hear a bad !" #$%&'"()"*+',&-. representation !" /&'.+0.1$2"3044. from a good one? !" 5&%"6+%"78&"#$%&"3044. !" 9$:$"3044. !" (2%&'0;%1,&"#$1;&" Voters can! 9&.<$2.&"=(#9> !" /0%;8"%8'$+?8"3044. !" *@*"@&..0?12? Make the right choice. 30L<01?2"*$4+%1$2."5'$+<"W$'"-$+'",$%&'";$2%0;%"2&&B.Q Campaign Solutions Group is a nationwide teleservices company that provides a suite of political polling options  designed around your needs.  As a division of our 25 year old parent company, we have over 80 year of call  center management experience you can rely on to make your campaign a success.  3044"2$A"%$".;8&B+4&"-$+'"<'$C&;%D" E4&F"5044&?$. E;;$+2%"GF&;+%1,& 619.438.4315 HIJK"3401'&L$2%"@&.0"M4,BN"*02")1&?$N"3E"OKPPP"!"HJHQRISQPTUK"!"04&FV%8&;0L<01?2.$4+%1$2.?'$+<Q;$L 10 Politics ´ Special 2009 Political Telemarketing Supplement **Time restriction applies only to commercial or solicitation calls.
  • Robocalls Call Times (state call Allowed times are noted if they Campaign for Calls by differ from the federal Finance Other Requirements (any state requirements below Jurisdiction Candidates times) Disclaimer are in addition to the federal requirements) FEC disclaimer Must identify entity responsible for call at the begin- required for ning. During or at the end of the call must provide a Federal phone number for the organization where the person Candidates and may leave a message asking to be removed from the Federal Yes 8am to 9pm Committees list. Cannot call cell phones. New York Yes No At beginning of ADAD call, must state the nature of the call and the name of the person on whose behalf the message is being transmitted, and at the end of the message provide the address and telephone number of the sponsor. North Carolina Yes, but no No Call must include description of the nature of the call. solicitation unless live operator intro- duces and ob- tains consent North Dakota Yes, but live Yes operator intro/ consent required Ohio Yes Yes Oklahoma Yes 9am-9pm** No Special 2009 Political Telemarketing Supplement ´ Politics 11
  • Robocalls Call Times (state call Allowed times are noted if they Campaign for Calls by differ from the federal Finance Other Requirements (any state requirements below Jurisdiction Candidates times) Disclaimer are in addition to the federal requirements) FEC disclaimer Must identify entity responsible for call at the begin- required for ning. During or at the end of the call must provide a Federal phone number for the organization where the person Candidates and may leave a message asking to be removed from the Federal Yes 8am to 9pm Committees list. Cannot call cell phones. Oregon Yes, but not to 9am-9pm No ADAD call may not be placed to numbers on state do-not-call list. do-not-call list Pennsylvania Yes, with 9am-9pm, and on Yes Recording must begin with name, address and call back restrictions Sundays from 1:30 pm to number of the calling party, the nature and purpose of the 9pm** message and the fact the message is a recording. Rhode Island Yes 9am-6pm weekdays No 10am to 5pm Saturday No calls Sundays or holidays** South Carolina Yes, but live 8am-7pm Yes Live operator introduction required unless recipient consented operator intro to call or has prior business relationship. required South Dakota Yes 9am to 9pm weekdays** Yes Tennessee Yes, with Yes Polls cannot be conducted without prior consent. restrictions Texas Yes, with 9am-9pm Monday- Yes The following information must be included: the nature of the restrictions Saturday; Noon-9pm call; the identity of the person, company, or organization Sundays** making the call; and the telephone number from which the call is made. Permit is required by ADAD operator. Utah Yes No calls Sunday or Yes holidays** Vermont Yes Yes Virginia Yes Yes Additional disclaimers required during 90 days before primary and 180 days before general election. Washington Yes Yes Phone programs constituting an independent expenditure must file disclosures to originate calls. Must receive permission if connecting to Washington-based local exchange carrier. West Virginia Yes Yes Electioneering Communications disclosures may apply. Wisconsin Yes Yes Wyoming No 8am to 8pm Yes Robocalls are prohibited for soliciting information or promoting or any other use related to a political campaign. 12 Politics ´ Special 2009 Political Telemarketing Supplement **Time restriction applies only to commercial or solicitation calls.
  • Holtzman Vogel pllc Attorneys at Law Nationally recognized law firm specializing in: Corporate and trade association Non-profit organizations public relations campaigns GOP candidates and party committees Federal and state lobbying disclosure Federal and state ethics and campaign Corporate and trade association PACs finance law Federal Election Law HOLTZMAN VOGEL PLLC provides counseling and compliance services to individuals, corporations, non-profit organizations, trade associations, PACs and candidates who are engaged in influencing the public policy arena in Washington and across the nation. Our attorneys offer highly specialized guidance on federal law, including the Federal Election Campaign Act, the Ethics in Government Act, the Lobbying Disclosure Act, and the Internal Revenue Code, as well as analogous state law and Congressional rules. The legal and regulatory environment has become increasingly complex and more individuals and advocacy groups find themselves under aggressive scrutiny. Having served in national political party committees, presidential campaigns, Congress and the Executive Branch, our attorneys are uniquely qualified to assure clients that their activities will withstand the most intense review. For more information contact us by phone at (540) 341 8808, by email at info@holtzmanlaw.net or on the Internet at www.holtzmanlaw.net. WASHINGTON, DC NEW YORK, NY WARRENTON, VA 1341 G Street, NW #1100 1177 Avenue of the Americas 98 Alexandria Pike , Suite 53 Washington, DC 20005 19th Floor Warrenton, VA 20186 New York, NY 10036 * Attorney Advertising * Attorneys licensed in California, New York, Texas, Virginia and Washington, DC
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