Is the Obama campaign illegally using the Do-Not-Call List to win in New Hampshire?

[Karmadillo]

http://www.taylormarsh.com/archives_view.php?id=26785

Mr. Hope digs deep into the Republican playbook in order to win in New Hampshire.

“This afternoon, I received a pre-recorded phone message from the Obama campaign attacking Senator Clinton even though I am on the Do-Not-Call List.” - Sandy Keans, former NH state representative

Here's an audio of the auto-call going out for Obama attacking Hillary Clinton. Planned Parenthood helped. Another example of why I don't support this group. Because if you look at Mr. Obama's "present" votes, you can see that their "100% rating" for him ignores the fact that he'd rather give conservatives cover on women's civil rights than take a stand. It's not the triangulation of Obama's political principles that bother me as much as his inability to be counted righteously committed to no compromise for any reason on women's civil rights.

If you're not familiar with the whole Bass vs. Hodes dust up, read up, then meet Obama channeling Republicans (yet again).

The National Republican Congressional Committee agreed yesterday to stop sending prerecorded messages to residents on the federal Do Not Call Registry, according to Deputy Attorney General Bud Fitch.

The move came after Democratic Party activists complained over the weekend that voters in the 2nd Congressional District were being called with an automatic message. ... ..

<edit>

Obama and his team know that taking a $5,000 hit is nothing compared to victory. Sound familiar? Channeling wingnut war games all the way to victory, baby.

more...

[NYCGirl]

1. I thought maybe Taylor Marsh was sick or something. Good to see her back

earning her paycheck.

[babylonsister]

9. She's as legitimate as the WA Times. No agenda there. nt

[NYCGirl]

13. LOL! Yes, she is as legit as the Washington Times.

:evilgrin:

[dsc]

2. He may well be using it but it wouldn't be illegal for him to do so

Politicians are exempted from the law (first amendment). I will say it isn't smart but that is a different story.

[Karmadillo]

8. I wouldn't claim expertise on this, but Marsh claims the law says it is illegal.

http://www.sos.nh.gov/rsa664.htm

<edit>

RSA 664:14-a Prerecorded Political Messages. I. In this section, “prerecorded political message” means a prerecorded audio message delivered by telephone by:
(a) A candidate or political committee; or
(b) Any person when the content of the message expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, or contains information about any candidate or party.
II. No person shall deliver or knowingly cause to be delivered a prerecorded political message unless the message contain, or a live operator provides, within the first 30 seconds of the message, the following information:
(a) The name of the candidate or of any organization or organizations the person is calling on behalf of.
(b) The name of the person or organization paying for the delivery of the message and the name of the fiscal agent, if applicable.
III. No person shall deliver or knowingly cause to be delivered a prerecorded political message to any telephone number on any federal do not call list.
IV. (a) A violation of this section shall result in a civil penalty of $5,000 per violation.

[NewHampster]

3. They are doing that for sure

They have put together an excellent republican campaign and will most likely win because this is America.

[Yael]

4. I don't think this applies to political parties, just telemarketers?

[Vickers]

6. Bingo.

Political folks are exempt.

[chascarrillo]

5. IT'S NOT ILLEGAL!!!

Please, take some time to research these things before accusing someone of breaking the law. Your consideration is appreciated.

[Cha]

32. he doesn't give a shit..they're

out diggin' dirt and hoping to come up with something to throw in their little mud pies. Good luck taylor marsh..you scourge on the ass of America.

[Joe the Revelator]

7. The Do-Not-Call list does not pertain to Political campaigns

Taylor Marsh is a fucking idiot.

[tammywammy]

10. Politicans and charities are exempt from the Do Not Call List.

[Anouka]

29. That's what I thought.

The Do Not Call list is not all-encompassing.

[madaboutharry]

11. He should have looked up what is covered

This Sandy Keans is an idiot. It clearly states on the National Do Not Call Registry that political solicitations are not covered since they do not fall under the category of telemarketing.

[Redneck Socialist]

12. Yo Sandy the DNC list doesn't apply to political calls ya numb nuts. n/t

[flpoljunkie]

14. No, these calls are legal and comply with federal law. Statement from Obama state chairman below.

The evening back-and-forth: robo-calling

The Clinton campaign, throwing the kitchen sink, released a statement from a supporter, Sandy Keans, who got the Obama robo-call, despite being on the state's do-not-call list.

They also say the call's form doesn't comply with federal law, an argument into which I don't feel qualified to venture.

Robo-calls are a real issue in New Hampshire, but this one isn't blowing away the national press, as represented by Ana Marie Cox, who also has the full Clinton release.

Obama state chairman Ned Helms responds that the call is by the book, after the jump.

"Every hour since Hillary Clinton lost in Iowa, her attacks have become more and more desperate. This call was in direct response to one of many 11th-hour false attacks Clinton has made at the end of the New Hampshire campaign. Our disclaimer absolutely complies with the federal law and our vendor has assured us that he scrubbed the list for people on the Do Not Call registry. However, if this call went to someone who should not have received it, we will make sure the vendor takes every step to make sure this doesn’t happen again," said New Hampshire Obama campaign co-chair Ned Helms.

http://www.politico.com/blogs/bensmith/0108/The_evening_backandforth_robocalling.html

[Yael]

18. Let the earth scorching begin

[chascarrillo]

15. From www.ftc.gov

<b>If I register my number on the National Do Not Call Registry, will it stop all telemarketing calls?</b>

No. Placing your number on the National Do Not Call Registry will stop most telemarketing calls, but not all. Because of limitations in the jurisdiction of the FTC and FCC, calls from or on behalf of political organizations, charities, and telephone surveyors would still be permitted, as would calls from companies with which you have an existing business relationship, or those to whom you’ve provided express agreement in writing to receive their calls.

<b>Are calls from political organizations or calls soliciting for charities covered?</b>

Political solicitations are not covered by the TSR at all, since they are not included in its definition of “telemarketing.” Charities are not covered by the requirements of the national registry. However, if a third-party telemarketer is calling on behalf of a charity, a consumer may ask not to receive any more calls from, or on behalf of, that specific charity. If a third-party telemarketer calls again on behalf of that charity, the telemarketer may be subject to a fine of up to $11,000.

http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt107.shtm

[Karmadillo]

17. From www.sos.nh.gov/rsa664.htm. Sounds illegal.

http://www.sos.nh.gov/rsa664.htm

RSA 664:14-a Prerecorded Political Messages. I. In this section, “prerecorded political message” means a prerecorded audio message delivered by telephone by:
(a) A candidate or political committee; or
(b) Any person when the content of the message expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, or contains information about any candidate or party.
II. No person shall deliver or knowingly cause to be delivered a prerecorded political message unless the message contain, or a live operator provides, within the first 30 seconds of the message, the following information:
(a) The name of the candidate or of any organization or organizations the person is calling on behalf of.
(b) The name of the person or organization paying for the delivery of the message and the name of the fiscal agent, if applicable.
III. No person shall deliver or knowingly cause to be delivered a prerecorded political message to any telephone number on any federal do not call list.
IV. (a) A violation of this section shall result in a civil penalty of $5,000 per violation.

[chascarrillo]

22. NOT ILLEGAL. From your link

664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general and special elections, but shall not apply to presidential preference primaries.

http://www.sos.nh.gov/rsa664.htm

Shame.

[Karmadillo]

35. Thanks. I tried to edit the OP to admit my claim appears wrong, but time expired.

I'll put something at the bottom of the thread.

[Yael]

16. I emailed via the contact link and suggested that they take down

the misinformation. Credibility and all that.

[chascarrillo]

19. deleted

[Karmadillo]

21. Is this the new bipartisanship? DU rules limit how much I can post.

I've posted the law twice separately on this thread. Section III seems to suggest leaving a prerecorded political message to any # on the the federal do not call list is forbidden.

[chascarrillo]

25. See response to your prior response.

And, no, it's not illegal under state law.

http://www.sos.nh.gov/rsa664.htm

664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general and special elections, but shall not apply to presidential preference primaries.

[tammywammy]

28. You should start this in its own thread

[MadBadger]

31. Thats what I said in another thread.

[Egnever]

20. Why would anyone lusten to this chick after repeatedly proving what a tool she is

http://wbztv.com/politics/presidential.candidates.do.2.617773.html

Candidates are exempt from the Do Not Call registry because of the First Amendment.

Despite many people being on the Do Not Call list, some may be hearing from the 2008 presidential campaigns because candidates are allowed to call.

[Karmadillo]

23. Anyone want to look at the provision I posted in #8 and explain why it doesn't mean what it says?

Thanks.

[chascarrillo]

26. Okay. Again.

664:1 Applicability of Chapter. The provisions of this chapter shall apply to all state primary, general and special elections, but shall not apply to presidential preference primaries.

[Anouka]

34. because you'll keep asking until you get the answer you want?

I don't know.

[Lerkfish]

24. I don't know but I think he eats babies and sleeps with Mark Foley

and all other sorts of reprehensible things I can dream up in order to make my candidate win.

:sarcasm:

[Stuckinthebush]

27. Who listens to pre-recorded messages anyway?

I've got to believe those things are pretty much a waste of money.

I'd lean to this being a desperate move by the Clinton camp to slime Obama more than it being a real Rovian-like plot.

[Anouka]

33. Folks who are bored/lonely/angry?

I no longer have a landline. When I did, I never picked up. If it was somebody important, they'd leave a message on the voice mail. I had so many recorded messages, and I never listened to any of them. First sign of pre-recording? Hit 7 (sometimes multiple times in a row for the same message since 7 sometimes acts to skip you forward a couple seconds in a message, for me) to delete.

I got tired of prerecorded messages filling up my voicemail quota. After a year or two of owning a cellphone, I got rid of the landline.

But those pre recorded messages can serve a purpose, if it's a reverse 911 situation like what's out now in certain areas. And I don't mind legitimate non-profit neutral surveys trying to contact people. Everyone else is spam.

[elizm]

30. I thought all campaigns had access to Dem. voter lists....

In that case....I got a call from the Hillary campaign and I am on the Do Not Call list so.... CALL THE POLICE! Boy, this is pathetic. She really is toast.

[Karmadillo]

36. MY BAD. I think chascarrillo is right. THIS STORY APPEARS FALSE.

I apologize for posting this without reading the statute in greater detail. It's fun and useful to attack, but it's bad, bad, bad to attack with inaccurate information. I tried to add an edit to the OP, but the time had expired. Again, many apologies.