Does your nonprofit want to build power and amplify its impact by engaging in robocalling and texting campaigns? Would it surprise you to find out that while this type of advocacy can effectively boost your reach and put you in touch with thousands (even millions) of supporters, it also comes with rules related to opt-out requirements, mandatory disclaimers, prior consent, and more? On this episode, we’ll introduce you to our new Robocalling guide and walk through several of the issues your nonprofit needs to think about before you pick up the phone or click send on a robocall or robotext campaign. 

Attorneys for this Episode 

Monika Graham 

Melissa Marichal Zayas 

Natalie Ossenfort 

Robotext and Robocall Campaigns 

• Federal Communications Commission (FCC), Federal Trade Commission (FTC), and Federal Election Commission (FEC) each regulate robocalls and robotexts 

• For example, the Telephone Consumer Protection Act (TCPA), enforced by the FCC, strictly limits when organizations can make robocalls and robotexts. Violations of TCPA can result in stiff fines, so know the rules before you launch your next campaign. 

• Keep in mind that many states also have their own rules on these communication methods. 

Federal Restrictions on Robocalls / Robotexts 

• What are robocalls and robotexts? Calls or texts made with an autodialer or using an artificial or pre-recorded voice.  

• Under federal law (the TCPA), a nonprofit organization must obtain an individual’s “prior express consent” to: (a) send a call or text to a cell phone using an autodialer, a prerecorded voice, or an artificial voice, or (b) to send more than three prerecorded or artificial voice calls to a landline in a 30-day period. 

• Express consent requires: 

• The person gave permission to be contacted at their cell phone number. 

• The call is within the scope of the consent given. 

• The person hasn’t revoked their consent. 

• Prior express consent is not the only consideration you need to think about before engaging in robocall or robotext campaigns. Identification, opt-out,