Court Nixes Challenge to Recorded Campaign Calls

ANNAPOLIS, Md. (CN) - The Maryland Court of Special Appeals affirmed the dismissal of a lawsuit challenging the prerecorded political campaign phone calls of Rudolph Guiliani and other candidates.

Michael Worsham said the recording failed to identify the individual or entity responsible for the calls, in violation of the federal and state Telephone and Consumer Protection Act. He claimed that Congress banned all prerecorded telephone calls, unless exempted by the Federal Communications Commission.

Judge James Eyler determined that the calls were, in fact, exempt by the FCC as non-commercial calls. Eyler adds that although the campaign calls had to comply with technical and procedural standards, including proper disclosures, there is no private right of action under the Act.

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