FEC Seeks Exemption from Do-Not-Fax Rules for PACs and Political Parties - November 3, 2003 Vol. 4 No. 22

November 3, 2003 Vol. 4 No. 22:

Published: 11/03/2003

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FEC Seeks Exemption from Do-Not-Fax Rules for PACs and Political Parties

On Oct. 14, the Federal Election Commission’s (FEC) general counsel wrote to the Federal Communications Commission (FCC) asking that PACs and political parties be exempt from new rules (which take effect in January 2005) that require advance permission before sending “unsolicited fax advertisements.” The FEC letter noted that the Telecommunications Consumer Protection Act (TCPA) defines an “unsolicited fax advertisement” as commercial speech only, and that political fundraising should be exempt on First Amendment grounds. This same argument could also apply to nonprofit organizations that do not engage in electoral politics, such as public charities and social welfare organizations.

The FEC letter cited several federal court cases and a recent FCC statement that recognize the ban on unsolicited commercial messages, but not noncommercial speech. The FEC goes on to “respectfully suggest that the FCC clarify in its rules that faxes that are political speech do not satisfy the TCPA’s definition of ‘unsolicited advertisements’ because they lack the requisite commercial purpose, even if unsolicited.” The FEC argues that candidates, parties and political action committees use faxes to “advertise events, solicit contributions … they might urge elected officials or members of the public to take a particular position on pending legislation or similar public policy issues.”

For more information on the FCC's do-not-fax rules see our previous Watcher story and the National Council of Nonprofit Associations website.