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View Diary: WVWV Responds (249 comments)

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  •  The NC AG said WVWV broke the law (0+ / 0-)

    and requested info ASAP in a letter to WVWV's counsel yesterday. Specifically Acting Senior Deputy Attorney General Gary R. Govert wrote Holly Schadler of D.C. based Lichtman, Trister & Ross, and requested the following from WVWV:

    1. The names of and contact information for all companies or entities that placed these robocalls for WVWV.
    1. Copies of all materials mailed or to be mailed by or on behalf of WVWV to North Carolina residents.
    1. The names of and contact information for all individuals involved in writing or editing the content of any robocalls made to North Carolina residents by or on behalf of WVWV.
    1. The names of and contact information for all companies or entities that provided or compiled the names or telephone numbers of North Carolina residents who received these robocalls.
    1. An explanation of the criteria used by WVWV, or any third party acting on its behalf, to identify or select the names or telephone numbers of North Carolina residents who received these robocalls.

    Although Govert didn't address vote suppression specifically, he did address the robocalls:

    "As we discussed, these robocalls appear to have been made in violation of N.C.G.S. § 75-104. Failure to comply with this statute subjects the offender to civil penalties of up to $5,000 per violation, and individuals who receive these unlawful calls may separately recover statutory damages in the same amounts. N.C.G.S. § 75-105."

    The actual statute WVWV violated is N.C.G.S § 75-104(b)(1)(c), which states:

    "...the person making the call clearly identifies the person's name and contact information and the nature of the unsolicited telephone call."

    If charged and convicted, WVWV may face a huge fine under NC law, N.C.G.S § 75-105(a)(1), provides for penalties of:

    Five hundred dollars ($500.00) for the first violation, one thousand dollars ($1,000) for the second violation, and five thousand dollars ($5,000) for the third and any other violation that occurs within two years of the first violation.

    Since WVWV likely made thousands of calls (tens of thousands maybe?), that's not small change. Moreover, each person called may recover damages, but individual civil actions are required. The enforcement statute, N.C.G.S § 75-105(b)(2), states:

    "A telephone subscriber who has received a telephone solicitation from or on behalf of a telephone solicitor in violation of this Article may bring any of the following actions in civil court...:

    "(2) An action to recover five hundred dollars ($500.00) for the first violation, one thousand dollars ($1,000) for the second violation, and five thousand dollars ($5,000) for the third and any other violation that occurs within two years of the first violation."

    Even if WVWV can prove they made "mistakes," they can still be penalized $100.00 for each call, but they may hav trouble proving mistakes, especially in light of their history. They've angered the Secretary of State in many states, Arizona for example.    

    •  Unusual that they'd do that (0+ / 0-)

      In Arizona, the Secretary of State usually publishes between 3-4 press releases a MONTH.  And only ONE of those in the past 2 years at least has called out a specific group for misleading mailings that give false information.

      That, of course, would be WVWV.

      "What a waste it is to lose one's mind. Or not to have a mind is being very wasteful. How true that is." --Dan Quayle

      by jakester on Fri May 02, 2008 at 12:10:44 PM PDT

      [ Parent ]

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