The D.C. Council is considering a bill that would prohibit political robocalls in the District. Ward 3 Councilwoman Mary Cheh introduced the “Unwanted Automated Telephone Call Act of 2011” on Tuesday. Cheh said the bill is designed to put an end to unwanted robocalls that have become an irritant for residents.
“I have heard repeatedly from residents who are sick and tired of receiving unsolicited robocalls,” Cheh said. “This bill would give those residents the ability to enjoy the peace and quiet of their homes.”
The bill allows robocalls to be made only by companies that have a prior relationship with a resident, either by being involved in an ongoing transaction or through an “established” relationship developed from transactions within the previous 18 months. Any automatic calls that are legal, however, must make it possible for the recipient to opt out. The calls also cannot take place between 9 p.m. and 9 a.m. The city can fine violators up to $400, but the bill also gives residents the opportunity to sue for damages. So, for example, a doctor’s office could still use an automatic message to remind a patient of an upcoming appointment during the legal time frame.
If passed, the bill would expand upon an existing federal law that went into effect in September 2009 that only allowed robocalls to be made to consumers who have provided written permission. But where the federal law exempts political candidates, Cheh’s bill does not.
David Meadows, executive director of the D.C. Democratic Committee, said the committee has used robocalls in the past.
“They’re a double-edged sword,” Meadows said. “A lot of people do find them to be a nuisance, but they can also be effective.”
Political robocalls in the District have become commonplace. In October, an automatic message promoting a write-in campaign for Mayor Adrian Fenty was sent out to District Republicans. Both Republican and Democratic parties said at the time they weren’t involved in the calls and the Fenty write-in campaign fell flat in the November general election.
D.C. Republican Committee Executive Director Paul Craney noted that candidates usually shy away from robocalls because voters often see them as bothersome.
But, he said, “the choice should be left up to the candidate.”
Meadows said it would be “interesting to see if the council would somehow outlaw negative campaigning.” He added, “I think more people may be turned off by that.”
