Attorney General's News Release

September 4, 2008

Nixon alerts political campaigns that federal law requires “robo-calls” to include identifying and contact information

Jefferson City, Mo. - Attorney General Jay Nixon today alerted political campaigns in Missouri that even though the state No Call law does not prohibit political "robo-calls", federal law is clear in requiring all telephone calls using pre-recorded messages to identify who is initiating the calls and include a telephone number or address to reach them. Nixon also is asking Missourians who receive robo-calls that don't comply with the law to file complaints, so his office can take legal action.

In the weeks preceding the August primary elections, the Attorney General's Office received hundreds of complaints from Missourians about political robo-calls, including complaints that the messages failed to either identify the entities initiating the calls or provide any contact information.

"The law requires political robo-calls to include certain information so consumers have the ability to demand that they not be called again," Nixon said today in St. Louis, where he provided details about the law. "Complaints about robo-calls spiked as the August elections approached and likely will increase dramatically again as we near the November elections. With the help of Missourians who file complaints, we'll be aggressive in enforcing the law against these anonymous, unwanted intrusions."

Nixon sent a letter today to the treasurer of each political campaign committee registered with the Missouri Ethics Commission to notify them of the requirements under the federal Telephone Consumer Protection Act (TCPA) and to inform them that the Attorney General's Office would enforce the law aggressively. Nixon noted that violations of the TCPA requirements already have resulted in federal actions in other states, with the violators subject to injunctions and penalties.

Under the TCPA, pre-recorded calls must state clearly and at the beginning of the call the identity of the party initiating the call. The call also must include the telephone number or address of the party initiating the call so that the person receiving the call will have a fair opportunity to demand not to receive any further calls.

In his letter, Nixon said his office would pursue violators to the full extent allowed under the TCPA, seeking both injunctions and up to $1,500 in damages per call. Consumers can report robo-call violations to the Attorney General's Office through the office's Web site, ago.mo.gov, or by calling toll-free 1-866-662-2551.

Frequently asked questions (FAQs) about robo-calls

Report robo-call violations

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818