d. All artificial or prerecorded telephone messages delivered by an automatic telephone dialing system shall:
1. At the beginning of the message, state clearly the identity of the business, individual, or other entity initiating the call, and
2. During or after the message, state clearly the telephone number (other than that of the autodialer or prerecorded message player which placed the call) or address of such business, other entity, or individual.
I can't find any transcripts of the calls right now, but if they don't give their source as the NRCC at the very beginning, they violate (d)(1), and if they don't give their callback number, they violate (d)(2). From the descriptions I've been reading, many if not all of the calls violate (d)(1) at least.
Note that these requirements are part of the original Telephone Consumer Protection Act, and have nothing to do with the Do-Not-Call registry. The law regulating the Do-Not-Call list provides exceptions for calls "not of a commercial nature" as well as for calls on behalf of non-profits, so I don't believe it would apply here.
Note also that 47 U.S.C. § 227(b)(3) states that each violation of the TCPA allows the callee to recover at least $500, and up to $1500 from the caller, depending on whether the violation was intentional or not. Here's the quote:
(3) Private right of action
A person or entity may, if otherwise permitted by the laws or
rules of court of a State, bring in an appropriate court of that
(A) an action based on a violation of this subsection or the
regulations prescribed under this subsection to enjoin such
(B) an action to recover for actual monetary loss from such
a violation, or to receive $500 in damages for each such
violation, whichever is greater, or
(C) both such actions.
If the court finds that the defendant willfully or knowingly
violated this subsection or the regulations prescribed under this
subsection, the court may, in its discretion, increase the amount of
the award to an amount equal to not more than 3 times the amount
available under subparagraph (B) of this paragraph.
I'd guess that the violations wouldn't be found to be intentional in this case, meaning that the fine would be $500 per violation. If the NRCC has made 200,000 of these calls, as people are currently estimating based on FEC expenditure reports, that would make them liable for $100 million in damages.
We'll never collect that if we file civil suits individually, of course... there's too many victims. But that's why class action suits were created. I'm not sure who should lead the effort to file one- the DNC or state attorney generals- but it seems clear that suing the NRCC under the TCPA should be priority number one for the netroots after election day.