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Are Huckabee Supporters Illegally Robocalling the New Hampshire Do Not Call List?

by: Mike Caulfield

Tue Dec 18, 2007 at 13:15:01 PM EST


(by Mike Caulfield)

Supporters of Mike Huckabee appear to be calling the New Hampshire Do-Not-Call list with prerecorded robocalls, an offense that under New Hampshire state law can carry a fine of up to $5,000 per call.

(If you have been recently robocalled, please click the graphic to the right and report the call in our simple form).

This just in from a friend:

Michael:

I got an automated call this morning from a group called "Common Sense Issues" which was clearly a push poll for Huckabee. If you selected preference for a candidate other than Huckabee, it gave an automated negative response for that candidate, then a positive response/question ("Did you know...?") for Huckabee.

I spoke with the secretary for Jim Kennedy in the State Attorney General's office who said she had just received one other complaint today and that she had detailed the nature of the poll. She assured me that "Jim would be very interested and would get back to me" to discuss.

It gets more interesting though. My wife tells me that she got a similar call yesterday, but hung up when it only let her select from Republicans:

It very well could have been [a robo-pushpoll last night]. They asked if I was Evangelist... but I didn't hit the button for any candidate so I don't know what they would have said if I had done that.

The new method seems to be being used in Iowa, and in the Senate race in New Mexico. It has been denounced by Huckabee himself.

When pressed about the legitimacy of the calls in Iowa, the group claimed claimed they were doing nothing wrong:

Davis said the polls are used to both educate listeners but also gather information for the group itself. Each listener gets a slightly different experience based on the answers they give to initial questions.

The problem? If that call my wife got was from Common Sense Issues, then they are breaking New Hampshire Law. And it could get very expensive for them, as the Republicans found out last election:

Martha Child, an independent who generally votes for Democrats, said she received five calls from the National Republican Congressional Committee in two days despite having her number listed on a federal do-not-call list. Under state law, delivering prerecorded political messages to numbers on any federal do-not-call list is punishable by a fine of $5,000 per call.

Jim Kennedy, an election law attorney in the attorney general's office, said it doesn't matter where a group is located or who is making the calls -- if they are being made to New Hampshire residents, they are illegal.

I'm guessing the name Jim Kennedy sounds familiar there, right?

That's the person who sent me the first email is talking to about his experience.

Things are about to get very interesting here. We'll keep you updated as this develops.

In the meantime, help us out. If you get a political robocall, do not hang up (and yes, I've now informed my wife of this too). Come to this site and enter it in the Huffington Post Been Polled form (the button is on the left side of this page). Enter in the info regarding the call as best you can so we can track patterns across the country. Then, if you are in New Hampshire and on the Do-Not-Call list, contact the State Attorney General's office and let them know that you have been robocalled.

UPDATE: My wife just googled the code on the caller ID (SP 07). She found this at nielsenhayden.com --


...just got a push-poll with a voice-activated robot-voice recording thingie, asking me if I were going to vote in the Republican primary. It went on from there, asking me if I knew that Giuliani was pro-abortion would it make me less likely to vote for him? And if I knew that Huckabee was for lower taxes would I be more likely to vote for him? And so on. It was all pro-Huckabee, anti-Giuliani.
I answered "yes" or "no" pretty much at random at first, then switched to all "no" answers, just to see where it would go. No human being was involved on the other end of the line. (Hey, Huckabee guys! This kind of nonsense makes it less likely that I'm going to vote for your clown!)
No candidate name was given at the end, revealing who paid for this particular push-poll. It was something like "Paid for by Public Survey 07. 703 378-2990." (That is the real number the call came from. The area code is Arlington, Virginia.) I believe that failing to reveal the candidate the push-poll favors is illegal under New Hampshire law.

The site has the full transcript of the call. It's pro-Huckabee calls.

We are on the Do Not Call List.

Someone is about to get a lot poorer.

Mike Caulfield :: Are Huckabee Supporters Illegally Robocalling the New Hampshire Do Not Call List?
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I received a Huckabee push-poll last weekend (0.00 / 0)
Here's the text of email I sent to the Huckabee and McCain campaigns (I chose McCain because his campaign had already expressed concerns about these pro-Huckabee push-polls). I guess I'll forward the info to the state AG as well.

I received a call at 2:41 PM eastern [on Saturday, December 15], from somebody who came up on caller ID as "PS 07" with a phone number of 703-378-2990. The call started out ounding like a normal poll but quickly evolved into a push poll for Huckabee.

At the end of the call, the push-poll claimed to be from a phone number of 719-306-2543, which is obviously different from the number that came up on Caller ID.

I called both the number from the caller ID and the one given in the message. The former did not answer, the latter shunted directly to voicemail.

Please note that I am not a supporter of any Republican candidate. I am registered undeclared, and will be voting in the Democrat primary. So, please do not put me on your campaign call lists or anything similar, because that would just make a bad situation worse.

The reason I am forwarding this to you is because I believe in clean campaigning, and object strongly to push-polling in general, and to automated push-polling in particular. I mostly wanted to give you information to clean up the mess that your supporters are making, if you choose to do so.



Thanks! (0.00 / 0)
I got a call from that number at 8:07 yesterday - it also appeared as 'PS 07.' I didn't answer; I will next time.

I am currently a registered Democrat, so I guess they didn't pay for the voter list.


[ Parent ]
Me too PS07 8:12 pm (0.00 / 0)
did not answer... just a recoded voice saying 'this was a political survey call, we may try you again later" (or something along those lines.

Hope > Fear




Create a free Blue Hampshire account and join the conversation.


[ Parent ]
If you get one... (4.00 / 1)
It is very important to take down as much detailed info as you can get, including any phone numbers. If you get a recorded call, and can record it yourself, that would be good (do not record a live call without asking the person if you can record, recording a call without permission from the other party in NH is illegal). The AG's office won't do anything based on newspaper reports, only on the basis of indivduals complaining.  



"When you get to the end of your rope, tie a knot and hang on."  Franklin D. Roosevelt    


Yup, got what I could... (0.00 / 0)
I was kicking myself for not paying attention to the supposed name of the company that called, but I did keep the Caller ID and wrote down the number they claimed to be from in the call itself.

A quick Google of 703-378-2990 shows that they have been push-polling heavily about several issues lately, so it's not just a pro-Huckabee organization but something more generic (e.g. the note about abstinence-only education -- Heath Shuler is a rep from the Asheville, NC area).


I checked caller ID (0.00 / 0)
From Mike's wife:
I checked caller id and it says "PS 07"  for the caller & then 703-378-2990 for the phone number. PS 07 is "Public Survey 07." It didn't say who the ad was paid for by just "Paid for by Public Survey 07."

-Nicole  



Another one (0.00 / 0)
703-263-0770, 'FEDR 07.' 2:58 PM Tuesday.

I said I was pro-life, I said I would vote for Giuliani, it asked whether "the fact that Rudy Giuliani is pro-abortion and supported partial birth abortion' would make me less likely to vote for him.

I am on the Do Not Call list. It was a robocall from the "Common Sense" group.


Some notes on the robocall law (4.00 / 1)
Googling turned up a discussion on the Connecticut AG's site that said, New Hampshire's law is about 'telemarketing sales calls,' so political action committees may be off the hook.

And indeed, RSA 359E says "prohibited from conducting telemarketing sales calls..."

But then I looked just above at the Definitions of E-7:

A telemarketing sales call shall not include a call made:
...
(e) On behalf of a political campaign, except that a call made on behalf of a political campaign by a vendor using automatic dialing equipment shall be deemed a telemarketing sales call under this chapter.

Section E-11 spells out the penalties. Yes, the Attorney General's office will go after them. But also:

Any person injured... may bring an action for damages... recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act or practice was a willful or knowing violation of this subdivision, it shall award as much as 3 times, but not less than 2 times, such amount.


I got the same call yesterday (0.00 / 0)
Definitely sounded like a push poll in favor of Huckabee.

They kept asking questions after I answered "Yes" to the question about whether or not I would be voting in the Democratic primary, and "No" to voting in the Republican primary.


Me too (0.00 / 0)
same call - electronic first question are you voting in the republican primary second question are you voting in the democratic primary.  Then all the questions had pro Huckabee talking points.  I am on the do not call list.  hmmmm

Anyway - the funny thing is seems like a lot of Democratic activists are getting these calls.  Do you think they got their lists free from the NHGOP?  Just goes to show you get what you pay for.

standing on the sidelines looking for a reason to enter the fray.


Got a call? (0.00 / 0)
We are working on a story on Robocalls for Huffington Post. If you got a call please feel free to email me at max@huffingtonpost.com

Max Follmer
Staff Writer
Huffington Post
max@huffingtonpost.com


A different sort of call (4.00 / 1)
A lady I work with was telling me about repeated calls she has been receiving from Ron Paul.  If you ignore the call they will continue every ten minutes  

If you answer a live person will talk very quickly (and not allow you to speak) for a couple seconds and start a Ron Paul recording.  

It sounds like they are trying to skirt the robo call regulation because they are introducing it live rather than from a recording.


Interesting - they may be off base (0.00 / 0)
It seems that the legal issue is automatic dialing, not recorded outbound messages.

Dial with your fingers, push PLAY: not a robocall.

Let the computer dial, pick up and talk: a robocall.  


[ Parent ]
Really? (0.00 / 0)
That could nip an awful lot of people as autodialers become more prevalent.




[ Parent ]
In addition to contacting the AG (0.00 / 0)
Which I plan to do myself tomorrow -- please consider taking a minute to fill out a form on your call here for Huffington Post:

http://otb.huffingtonpost.com/...

They are committed to this story, and get a wide range of reports may reveal where the list came from, and how the logic worked.

Really, it takes a second, and it will help us go after the people behind these calls and hopefully dain the financing from them.

Here's a bonus: the same org is push polling against Udall in New Mexico. If we go after them on this, it helps clean up that race, and gives us a chance at putting a Dem in NM's Senate seat...

It seems like nearly everyone I know got one of these. Let's hit these guys hard.

If you received a call, give it a try and fill it out:

http://otb.huffingtonpost.com/...



Union Leader completely misses the story (0.00 / 0)
They cover it today.

But they look at whether it is illegal as a "push poll" -- it is not. They never even mention the law against robocalls to people on the Do Not Call list.


Yes -- i need to cover this in a post soon (0.00 / 0)
They are missing the point here.



[ Parent ]

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