robocalls · 6 min read

What to Do About a Robocall from a Political Campaign

Receiving a robocall from a political campaign can feel like an unavoidable part of election season, but many of these calls are illegal. The Telephone Consumer Protection Act (TCPA) sets strict rules for automated calls and texts, and violating those rules can have significant consequences. If a campaign contacts your cell phone using an autodialer or a prerecorded message without your permission, you may be entitled to statutory damages of $500 per violation. That amount can increase to $1,500 per violation if a court finds the campaign acted willfully or knowingly. While political speech has strong protections, those protections do not give campaigns a free pass to harass you on your personal phone. Understanding the specific rules can help you identify violations and take action to stop them.

Are Political Robocalls Legal?

This question has a surprisingly complex answer. While the TCPA provides a specific exemption for calls made for political purposes, this exemption is not a blanket permission slip. The most well known rule, the National Do Not Call Registry, does not apply to political organizations. This is why you may receive live calls from campaign volunteers even if your number is on the registry. However, the TCPA’s other core restrictions, particularly those concerning the use of technology to contact cell phones, absolutely do apply.

More importantly, federal law prohibits making a non-emergency call using an autodialer or an artificial or prerecorded voice to a wireless phone number without the prior express consent of the called party. This rule is the key protection consumers have against a deluge of unwanted political calls. Because nearly all campaign robocalls use prerecorded messages and target cell phones, they often require your permission first. The TCPA political exemption primarily applies to landlines; the rules for protecting the privacy of your cell phone remain strong.

When Does a Political Call Violate the TCPA?

A robocall from a political campaign crosses the line into a TCPA violation under several common scenarios. The most frequent violation involves calls made to your cell phone using an autodialer or prerecorded voice without your prior express consent. Giving your number to a campaign by signing a petition, donating, or volunteering could be considered consent. However, if you have never had any contact with the campaign, they have no legal basis to send you automated calls or texts. This article is for informational purposes only and does not create an attorney-client relationship.

Another clear violation occurs when you revoke your consent, and the campaign continues to contact you. For text messages, replying with words like "STOP," "END," or "UNSUBSCRIBE" is a legally recognized way to revoke consent. For calls, you can verbally state that you no longer wish to be contacted. The campaign must honor your request within a reasonable time frame. Any automated calls or texts sent after you have opted out are considered new violations, each potentially worth $500 to $1,500 in robocall harassment damages.

How Much Can You Get for Illegal Political Calls?

The TCPA empowers consumers by providing for statutory damages for each violation. For every illegal robocall or automated text you receive, you could be entitled to recover $500. This amount is not a per-person award but a per-violation penalty. If a campaign calls you five times after you told them to stop, you may have a claim for $2,500.

Furthermore, the law allows for damages to be tripled if the violations are found to be willful or knowing. This means that if you can prove a campaign intentionally ignored your request to opt out or knowingly violated the law, the compensation could increase to $1,500 per call or text. These penalties are designed to be a powerful deterrent against the kind of widespread, unsolicited contact that plagues consumers during election cycles. Many campaigns have paid significant sums, which you can see in our TCPA Settlement Tracker, for failing to comply with these rules.

What About Unwanted Political Text Messages?

The law makes no distinction between a voice call and a text message when it comes to autodialers. The TCPA's restrictions apply equally to both. This is a critical point, as many modern campaigns now favor text message blasts over traditional phone calls. These texts often contain links to donate, volunteer, or learn more about a candidate, and they are almost always sent using automated technology that can send thousands of messages at once. If you receive these texts without having given the campaign your number, you may have a valid TCPA claim.

Understanding the political text message laws is key to protecting your privacy. Even texts that appear to be sent from a real person may originate from a peer-to-peer (P2P) platform that functions as an autodialer under the law. If you are receiving unwanted political texts, do not just delete them. Save them as evidence, especially if you have replied "STOP" and continued to receive messages. Each one could add to your potential robocall settlement payout.

Real Examples of TCPA Violations

Sometimes it helps to see what a violation looks like in the real world. Here are a few examples of common scenarios involving illegal political messages.

"Hi, this is a message from the Committee to Elect Candidate Johnson. We're counting on your support to flip our district. Can we count on your vote? Press 1 for yes, 2 for no. Paid for by CTE Johnson."

This message, left as a voicemail on a person's cell phone, is a classic prerecorded robocall. If the recipient never gave the Johnson campaign their phone number, this call likely violates the TCPA because it was sent to a wireless number using an artificial voice without prior express consent.

"Patriot Alert! Your Senator needs you. The upcoming vote is critical to saving our values. Chip in $10 today to help us win! [link] Text STOP to end msgs"

Imagine receiving this text, replying "STOP," and then receiving another message a week later:

"Friend, it's not too late to make a difference. Early voting starts next week. Can Candidate Smith count on you? Reply YES to pledge your vote!"

This second text message is a clear violation. Once you revoke consent by replying "STOP," the sender must cease all automated messaging. Continuing to send texts demonstrates a willful disregard for your rights and the law.

How to Document Illegal Political Calls and Texts

If you believe you are receiving illegal political calls or texts, proper documentation is the most important step you can take. Strong evidence is necessary to build a successful TCPA claim. Do not simply delete the messages or ignore the calls; save everything. Start by opening your phone's messaging and call log apps.

For text messages, take clear screenshots. Make sure the screenshot shows:

For voice calls, take screenshots of your call log showing the incoming number and the date and time of the call. If the campaign left a prerecorded voicemail, save it. Many phones allow you to export voicemails as audio files. Keep a simple log in a notebook or a computer file to track all communications from a specific campaign.

Check Your Phone Right Now

Take a moment to check your phone for evidence of TCPA violations. The proof you need might already be sitting in your inbox.

Open your messages and search the word STOP.

This simple search can reveal conversations where you tried to opt out of unwanted messages. If you find any texts that were sent to you after you replied "STOP," you may have a strong case for a TCPA violation. Each one of those messages sent after your opt-out request could be worth $500 to $1,500. Save screenshots of these conversations immediately. Once you have your evidence, the next step is to seek a professional evaluation.

Submit screenshots at SpamClaims.com

Frequently Asked Questions

Are all political robocalls exempt from the TCPA?

No, they are not. While political calls are exempt from the rules related to the National Do Not Call Registry, they must still comply with other major provisions of the TCPA. Specifically, campaigns are generally forbidden from using an autodialer or a prerecorded voice to call your cell phone without your prior express consent. Because most large-scale campaign outreach efforts use this exact technology to contact voters on their mobile phones, many of them are subject to the TCPA. The main exemption for political calls applies more broadly to landline phones, but protections for cell phones remain robust.

Does the National Do Not Call Registry stop political calls?

The National Do Not Call Registry does not apply to political organizations, along with charities and companies with whom you have a recent business relationship. The registry was established to regulate telemarketers, and political speech is not considered commercial speech. For that reason, you cannot report a political campaign to the FTC for a Do Not Call violation. However, this does not mean all political calls are legal. Other laws, like the TCPA's restrictions on using autodialers to call cell phones, still provide a powerful avenue for consumers to stop unwanted political calls.

What counts as "prior express consent" for a political call?

"Prior express consent" means you gave a campaign permission to contact you. This can be done in several ways. For example, if you sign up for updates on a candidate's website and provide your phone number, that counts as consent. The same is true if you donate to a campaign, sign a digital or physical petition, or knowingly provide your number at a rally or event. The key is that you must have taken some action to give that specific campaign your number. A campaign cannot simply buy a list of phone numbers and start sending automated calls or texts; they must have a direct connection to you.

Can I get money for receiving unwanted political text messages?

Yes, you absolutely can. The TCPA treats autodialed text messages exactly the same as autodialed voice calls. This means if a political campaign sends you automated texts without your prior express consent, each message is a potential violation worth $500. If you text "STOP" and they continue sending you messages, each subsequent text could be worth up to $1,500 as a knowing or willful violation. It is crucial to save these text messages as evidence to build a potential claim.

TLDR

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This article is for informational purposes only and does not create an attorney-client relationship.