Wow. The flood of information we have received since November 5 is overwhelming. Dozens of you wrote in to complain about the disgusting and homophobic robocalls falsely claiming to be from the Fairness Campaign. Most speculate that the calls have Frank Simon’s fingerprints all over them, as they use language Simon utilized in radio ads that scared Louisville’s West End.
Mark Hebert reports (via AP) that Rep. Jimmy Higdon (R-Lebanon) proposes legislation to ban robocalls during elections. Hebert says, “I’m not sure banning the phone calls would stand up to a legal challenge but requiring the callers to identify themselves and disclose their organization would certainly be a step in the right direction.”
Well, kids, calls without disclaimers are already illegal:
While the homophobic calls attacking Steve Beshear were non-commercial, the Telephone Consumer Protection Act of 1991 requires that all automated or prerecorded calls and messages comply with the following:
- All calls must at the beginning state the identity of the business, individual or other entity responsible for the call.
- At some point during or after the message the caller must provide the telephone number of the business, individual or other entity responsible for the call so you may contact them during normal business hours to be removed from their contact list.
The calls violated both of the above requirements. Click here for more information on the TCPA from the FCC.
It is also worth noting that in 2006 the TCPA was enforced against a company placing calls against Oklahoma Lt. Gov. Mary Fallin.
When AT&T gets their butt in gear by revealing the party responsible for the robocalls, we’ll report it so proper legal action may be taken. We’re sure the newly elected Attorney General would love to get his hands on the information.