From: e-Dear Colleague
Sent: Tuesday, July 26, 2016 12:27:05 PM (UTC-05:00) Eastern Time (US & Canada)
To: E-DEARCOLL_ISSUES_A-F_0000@ls2.house.gov
Subject: Administrative: Dear Colleague: Automated Calls to Mobile Devices

Automated Calls to Mobile Devices

From: The Committee on House Administration
Sent By: molly.harrington@mail.house.gov
Date: 7/26/2016

Dear Colleague:

The Committee would like to inform Members about a recent decision by the Federal Communications Commission (FCC). On July 5, 2016, the FCC issued a Declaratory Ruling which clarifies that the prohibition on automated calls to mobile devices, “does not apply to calls made by or on behalf of the federal government in the conduct of official government business, except when a call made by a contractor does not comply with the government’s instructions.”

Until now, the Committee has advised Members not to conduct automated phone calls to mobile devices without prior written consent. In light of the recent FCC ruling, a Member may now conduct or employ a contractor to conduct automated calls to mobile devices.

Please be reminded that any automated call to 500 or more individuals is defined by House regulations as a “Mass Communication.” As such, a Member must obtain an Advisory Opinion from the Franking Commission prior to distribution. Additionally, any mass communication is prohibited fewer than 90 days prior to an election in which the Member’s name appears on any ballot for public office. The last day for Members to send mass communications prior to the November 8 general election is August 10, 2016.

All calls subsidized by funds from the Members’ Representational Allowance must be made in compliance with federal law, House Rules, and Franking Regulations when applicable. We encourage Members to remain familiar with any applicable state laws regulating automated calls.

If you have any questions related to sending automated calls, please feel free to contact the Committee office of Members Services and Franking at (majority) (202) 226-60647 or (minority) (202) 225-9337.

                                            Sincerely,

    Candice S. Miller                                                                                Robert A. Brady

      Chairman                                                                                        Ranking Member