Although tax-exempt charities, public opinion polls and POLITICAL CALLS aren’t covered by the do-not-call laws, automated recorded political calls are specifically spelled out as being prohibited by South Carolina Law 16-17-446.
16-17-446. Regulation of automatically dialed announcing device (ADAD.
(A) “Adad” means an automatically dialed announcing device which delivers a recorded message without assistance by a live operator for the purpose of making an unsolicited consumer telephone call as defined in Section 16-17-445(A)(3). Adad calls include automatically announced calls of a political nature including, but not limited to, calls relating to political campaigns.
The law goes on to state:
(B) Adad calls are prohibited except:
(1) in response to an express request of the person called;
(2) when primarily connected with an existing debt or contract, payment or performance of which has not been completed at the time of the call;
(3) in response to a person with whom the telephone solicitor has an existing business relationship or has had a previous business relationship.
(C) Adad calls which are not prohibited under subsection (B):
(1) are subject to Section 16-17-445(B)(1), (2), and (3);
(2) shall disconnect immediately when the called party hangs up;
(3) are prohibited after seven p.m. or before eight a.m.;
(4) may not ring at hospitals, police stations, fire departments, nursing homes, hotels, or vacation rental units.
(D) A person who violates this section, upon conviction, must be punished as provided in Section 16-17-445(F).
I seriously doubt many if any people request to receive political calls (1). I don’t see any way the calls could be considered connected to a debt or contract (2). I guess if one were to really stretch things people responsible for automated political calls could claim there was a previous relationship if the person called has ever voted, although how it would be “business” eludes me.
Politicians were responsible for the do-not-call registry and not surprisingly they exempted themselves from being covered by it. South Carolina has a law that clearly says NO AUTOMATED RECORDED POLITICAL CALLS and and some politicians/their organizers blatantly ignore them? ‘I’m breaking a South Carolina law, but it’s just a minor technicality, elect ME.’
Anybody other than me see something wrong with this picture?
I came across a website which is promoting a political do-not-call list. (It also covers South Carolina laws and has a form to submit a complaint.) stop political calls which may be worth checking out. These calls are only going to increase as the 2012 election gets closer.