2 Democratic Groups Violated TCPA Before Ga. Runoff: Complaints

The fundraising and telemarketing drive to support Sen. Raphael Warnock, D-Ga., in his Dec. 8 runoff against Republican Herschel Walker caused two Democratic-affiliated groups to run afoul of the Telephone Consumer Protection Act, alleged Lucas Horton in separate, nearly simultaneous complaints Dec. 29 in U.S. District Court for Northern Texas in Dallas. The TCPA and the Texas Business and Commercial Code (TX 302) “were enacted to protect consumers from unsolicited telephone texts like those alleged in this case,” said the Dallas County resident’s complaint against the Democratic Victory Fund PAC (docket 3:22-cv-02913). The defendant, in an attempt to collect as many donations as possible, engaged in “an extremely aggressive campaign” that sent out thousands of texts a day to people who aren’t even “registered to vote, or aren’t even of voting age,” it said. Courts have ruled, and the FCC has declared, that even if an entity “did not actually send a text, but had another do it on their behalf, then they become liable,” said Horton’s other complaint, against End Citizens United (docket 3:22-cv-02916), a group that advocates for campaign finance reform. Neither defendant in Horton’s two lawsuits possessed a telemarketing solicitation certification from the Texas secretary of state, as required under TX 302 (see 2212080043), alleged the complaints. Neither group responded to requests for comment. Warnock defeated Walker in the runoff by less than a percentage point.