Spoofed Political Robocalls Lead to $10M Fine

A San Diego telemarketer is facing a $10 million fine for spoofing political robocalls. The man is accused of violating the Truth in Caller ID Act by sending nearly 50,000 unlawful robocalls to California residents spreading false allegations about a political candidate. The telemarketer has since claimed that he was working on behalf of the candidate’s rival, according to the Voice of San Diego. 

Elections are high-stakes for political telemarketers, and improper political robocalls are common. If you’ve received an unwanted or annoying political robocall, you may wish to file a class action lawsuit. Under federal law, no telemarketer can legally contact you without your prior written consent except in cases of emergency.

Spoofed Political Robocalls

On May 30, 2018, San Diego telemarketer Kenneth Moser reportedly began a two-day robocalling campaign during which time he spread accusations against Republican politician Phil Graham. Moser claims he was hired by relatives of Graham’s Republican rival, Maureen Muir, to sabotage Graham’s election bid for the 76th Assembly District. Moser suspects that his efforts likely helped a Democrat win the traditionally red seat. Graham was the GOP front-runner going into the primary.

Two weeks before the primary, a woman accused Graham of inappropriate touching. Her accusations were eventually debunked by San Diego authorities. Despite investigators announcing that the accusations were false, Moser continued to spread them during the lead up to the primary, asking why Graham was out harassing people rather than being at home sleeping. 

“Vote carefully on June 5,” said the spoofed political robocalls. “We don’t need any more creeps in Sacramento. Don’t vote for Phil Graham. #JustSayNo.”

Falsified Accusations

On May 20, 2018, just days before the primary, a woman accused Graham of inappropriately touching her in a bar. However, the San Diego Sheriff’s Department investigated the allegations and found them to be false. In fact, the Sheriff’s Department not only cleared Graham but also charged the woman in question with falsifying a police report. She pleaded guilty to the charges and received a sentence of two days in the county jail followed by three years’ probation.

Moser told the Voice of San Diego that he did nothing wrong. The FCC, however, has accused Moser of trying to harm another telemarketer and violating the Truth in Caller ID Act which prohibits telemarketers from obscuring on whose behalf they’re calling. They also claim that Moser made roughly 11,000 of these political robocalls without the consent of the recipients, a violation of the Telephone Consumer Protection Act (TCPA).

Moser claims he got the numbers legally from an official registered-voter list. He disputes the number of spoofed calls he’s being accused of making and also claims the fine against him is an act of government overreach by the Federal Communication Commission (FCC).

“The FCC itself has failed to remain impartial as to the content of the phone calls,” he wrote in his filings, “and this political persecution is a violation of the First Amendment rights” of both his company and his client.

TCPA Rules Regarding Robocalls

According to the compliance manual for the Federal Deposit Insurance Corporation, the TCPA restricts when and who telemarketers can contact. Specifically, the law establishes a Do-Not-Call registry, restricts telemarketing calls to certain hours, and requires telemarketers to get prior consent before contacting consumers. According to the FCC, these laws apply to political telemarketers, as well.

Before a telemarketer can contact you, they must receive your express written consent. A prior business relationship doesn’t give companies the right to contact you. As such, if you’ve received unwanted or unsolicited telemarketing contacts, you may wish to file a class action lawsuit under the TCPA. 

Join a Free TCPA Class Action Lawsuit Investigation

If you were contacted on your cell phone by a company via an unsolicited text message (text spam) or prerecorded voice message (robocall), you may be eligible for compensation under the Telephone Consumer Protection Act.

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This article is not legal advice. It is presented
for informational purposes only.