Justin Rood at TPM Muckraker reports: In a letter dated Nov. 6, Michigan Reps. John Conyers and John Dingell ask attorney general Alberto Gonzales, FCC chairman Kevin Martin and FEC chairman Michael Toner to probe whether a sudden rash of last-minute phone calls paid for by the National Republican Congressional Committee violated any of a number of federal and state laws and requirements. The letter refers to a number of incidents and cites pertinent statutes: If true, these allegations could violate a number of federal laws and legal requirements. Among other things, 47 CFR 1200 (b)(1) provides that prerecorded telephone messages must “[a]t the beginning of the message, state clearly the identity of the business, individual, or other entity that is responsible for initiating the call.” Section 441h of the Federal Election Campaign Act provides that no agent of a federal candidate shall “fraudulently misrepresent himself or any committee or organization under his control as speaking or otherwise writing or acting for or behalf of any other candidate or political party.” Section 441d(d)(2) specifies that communications must provide a statement as to the party responsible for it, and the campaign finance laws generally prohibit fraudulent and deceptive activities. A number of state laws also appear to be applicable, such as New Hampshire’s which prohibits calls to individuals on the federal Do Not Call registry.
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