Automated Political Telephone Calls (“Robo Calls”) in Federal Campaigns: Overview and Policy Options

R. Sam Garrett
Analyst in American National Government

Kathleen Ann Ruane
Legislative Attorney

Prerecorded telephone messages that provide information about political candidates or urge voters to go to the polls are a common campaign tactic. Anecdotal accounts suggest that the public often objects to the volume and frequency of these automated political calls (also called "auto calls" or "robo calls"). Despite often negative anecdotal information about automated political calls, they remain an inexpensive, effective way to reach hundreds or thousands of voters quickly. Campaigns and groups often rely on automated political calls to respond to last-minute campaign developments. 

Four bills introduced in the 111th Congress contain provisions that are particularly relevant for automated political calls. H.R. 116 (Foxx) would add automated political calls to the federal do not call list. S. 1077 (Feinstein) would restrict the timing and volume of calls and would require certain information to be disclosed. H.R. 4641 (Lofgren) proposes similar restrictions. Finally, H.R. 4749 (Price, N.C.) would extend "stand by your ad" disclaimer requirements to various political messages, including prerecorded calls. 

Automated political calls received attention in both chambers during the 110th Congress. Several bills (H.R. 248, H.R. 372, H.R. 479, H.R. 894, H.R. 1298, H.R. 1383, H.R. 1452, H.R. 4298, H.R. 5747, and S. 2624) would have added the calls to the federal do not call list, required additional reporting about the calls, or otherwise regulated the calls. The Committee on House Administration, Subcommittee on Elections, held an oversight hearing on automated political calls on December 6, 2007. The Senate Rules and Administration Committee considered S. 2624 at a February 27, 2008, hearing. 

Empirical research and data about automated political calls are limited. Existing research suggests that the calls are an increasingly common campaign tactic and that various political committees spent millions of dollars on those efforts. Despite media reports of strong public disdain for automated political calls, the FEC has received few recent formal complaints on the issue. However, FEC enforcement data are not necessarily a reliable indicator of public sentiment toward automated political calls. The Federal Communications Commission (FCC) reportedly does not track data about complaints it receives on automated political calls. This report provides an overview of how automated political calls are used in federal campaigns. 

This includes attention to recent spending estimates and polling data about automated political calls. The report also discusses legislation that would affect the calls. Policy options discussed in the report include maintaining the status quo, gathering additional data, revising federal disclosure or disclaimer requirements, adding the calls to the federal do not call list, or restricting the number and timing of calls. Some of those options would likely involve contentious questions about which organizations and messages should be regulated by campaign finance law. Constitutional issues could also affect some of those policy options. The "First Amendment Considerations" section provides a legal analysis.


Date of Report: March 22, 2010
Number of Pages: 24
Order Number: RL34361
Price: $29.95

Document available electronically as a pdf file or in paper form.
To order, e-mail congress@pennyhill.com or call us at 301-253-0881.