The Pelosi Campaign just made an Illinois man $7,500 richer after he accused the campaign of violating federal robocalling laws and won. He made that accusation in a 13-page lawsuit filed in the US District Court for the Northern District of Illinois October of 2022, accusing both former Speaker of the House Nancy Pelosi and her reelection campaign of violating the Telephone Consumer Protection Act of 1991.
The introduction to the lawsuit argues that “This case involves a campaign by Defendants which placed illegal, campaign-related prerecorded and automated texts to Plaintiff’s telephone number, which were not consented to.” It also notes that hatred of robocalls is one of the few things that unites Americans, saying, “As the Supreme Court has explained, Americans passionately disagree about many things. But they are largely united in their disdain for robocalls. The government receives a staggering number of complaints about robocalls—3.7 million complaints in 2019. The States likewise field a constant barrage of complaints. For nearly 30 years, representatives in Congress have been fighting back. As relevant here, the Telephone Consumer Protection Act of 1991, known as the “TCPA”, generally prohibits robocalls to cell phones and home phones.”
The laws Pelosi was accused of violating were ” TCPA, 47 U.S.C. § 227 and its implementing regulations, 47 C.F.R § 64.1200,” laws which have been found to apply to text messages in addition to calls, apply restrictions to robocalling, and require telemarketers not to contact individuals who’ve placed themselves on the Do Not Call Registry.
The plaintiff in this case, Jorge Alejandro Rojas, had placed himself on the Do Not Call Registry in 2008, yet the Pelosi Campaign continued to contact him by text. The lawsuit alleges that he received 21 texts from the campaign from November 2021 to July 2022, causing him to experience “frustration, annoyance, irritation, and a sense that his privacy has been invaded.”
Continuing, the lawsuits alleged that the Pelosi campaign texts constituted “malicious, intentional, willful, reckless, wanton and negligent disregard” for his rights. He wanted $1,500 for each text received, but settled for a $7,500 payment and dismissed the case.
The text of the lawsuit included the messages that were sent by the Pelosi Campaign as well. One of them, for example, said:
The text identified above stated “It’s Nancy Pelosi. This is the most important text I’ve ever sent you. Fox News just admitted Republicans are FLEEING the Senate. >> p2tf.us/np206?t=TsJOU -Ohio’s Senator called it quits – Pennsylvania’s Senator is out – North Carolina’s Senator is retiring – Alabama’s Senator is stepping down – Now, Missouri’s Senator is leaving, too Let me be perfectly clear: We have a once-in-a-lifetime chance to HOLD the House, HOLD the Senate, and replace every last anti-choice Republican. But I need 5,000 Democratic Members before midnight to own this momentum and prove that Democrats have what it takes to WIN. >> p2tf.us/np206?t-TsJOU I need you to understand how critical donations from our 2022 Members are. Republicans might have us outraised, but I know we’re on the right side of history. Every year, I count on our Democratic Members to fund our most critical races. Members of Congress who are fighting for what we believe in: Reproductive freedom, child care, Social Security, health care, our democracy, and our agenda For The People. I hope I can count on you and see your name on my list of Democratic Members before this critical deadline. >> p2tf.us/mp206?t-TsJOU Thank you, Nancy On behalf of Elect Democrats Text STOP to quit.”
"*" indicates required fields