Reining in ‘Robo-Calls’

Like many North Carolinians during last year’s election season, Greer Beaty received a phone call conducting a survey on behalf of a candidate’s campaign. But unlike most other voters, the candidate mentioned as the sponsor of this call was Beaty herself, and she had not given it the green light.

“I stopped them immediately and told them that wasn’t possible because I am Greer Beaty and I hadn’t approved any telephone calls,” says Beaty, who was a candidate for the state House.

She tried in vain to ascertain the true origin of the call. The caller’s supervisor claimed that state law allowed them to keep that information private.

“I support free speech, but you have to own it,” says Beaty. “You need to stand by what you say and take responsibility for it.”

While Beaty had no luck deciphering the source of that live telephone call, the origin of recorded political messages -- known as “robo-calls” -- are often even more inscrutable.

Beaty’s experience, and that of many other frustrated voters, demonstrates the need for more sensible regulation of these politically motivated calls, says Chris Heagarty, executive director of the N.C. Center for Voter Education.

“These phone calls are sometimes positive messages, reminding people to vote, but many times they are smear campaigns or nasty attack ads disguised as polls,” says Heagarty. “Who is really calling? The voter will likely never know.”

Many voters assume that by adding their name to the federal “Do Not Call Registry,” or the state version patterned after it, they will be spared the steady flow of political phone calls come election time. Though these registries limit telemarketing calls, they do not cover those from political candidates and parties. 

In North Carolina, Senate Majority Leader Tony Rand has introduced a bill (S1002) that would remove the exemption currently enjoyed by political phone messages that allows them to skirt the state’s no-call list. Rand proposed the measure at the urging of N.C. Attorney General Roy Cooper, whose office oversees the registry.

Several other states have also moved to include political calls in their own version of the registry, but it is uncertain if they will withstand judicial scrutiny. Given that legislators stand to benefit from political telephone ads, many election experts doubt much will be done to do away with robo-calls.

“Since politicians make the laws, and use these calls to their advantage, it is unlikely that this will change anytime soon,” says Heagarty.

While his proposed legislation would not end the practice of robo-calls, U.S. Rep. David Price of Chapel Hill has introduced a bill this year that would at least shed more light on the sponsors behind them.

The “Responsible Campaign Communications Act” (HR 894) would extend to phone calls the “Stand by Your Ad” disclosure requirements currently applied to television and radio spots.

"The means to communicate a political message are constantly evolving, and political operatives are finding new and creative ways to undermine our best efforts to change the tone of public debate,” Price says. “If we are going to uphold the spirit as well as the letter of ‘Stand by Your Ad,’ we need to update the law."

Price’s proposal would demand that sponsors of these political messages disclose their true identity at the beginning of the call, since many voters hang up before the call has ended.

The rise of deceptive robo-calls has troubled some in the telephone communications business, who see unscrupulous callers as casting a shadow on calls made for legitimate campaign and voter education purposes.

“The industry is supposed to play by a set of rules,” explains Jaimey Sexton, president of Telephone Strategies Group, Inc. “But some vendors choose to ignore or abuse them.”

To file an official complaint, voters can contact the N.C. State Board of Elections or the Federal Communications Commission, which investigates deceptive telephone calls.

Some calls, like those generated by Sexton’s company, allow voters to remove themselves from the contact list by calling a toll-free number. If that option is not available, Sexton suggests voters turn the tables and contact the campaign offices of the candidate mentioned in the phone call. 

“Be sure to tell them when you were called and as much of the message as you can, along with your complaint,” Sexton says.

As in Beaty’s case, the candidate may be just as surprised to learn of the call as the disgruntled voter.

To sign up for North Carolina’s “No-Call Registry” call 1-888-382-1222 or visit www.nocallsnc.com.