Political Advertising

Section 664:14-a

    664:14-a Prerecorded Political Messages. –
I. In this section, "prerecorded political message" means a prerecorded audio message delivered by telephone by:
(a) A candidate or political committee; or
(b) Any person when the content of the message expressly or implicitly advocates the success or defeat of any party, measure, or person at any election, or contains information about any candidate or party.
II. No person shall deliver or knowingly cause to be delivered a prerecorded political message unless the message contains, or a live operator provides, within the first 30 seconds of the message, the following information:
(a) The name of the candidate or of any organization or organizations the person is calling on behalf of.
(b) The name of the person or organization paying for the delivery of the message and the name of the fiscal agent, if applicable.
III. No person shall deliver or knowingly cause to be delivered a prerecorded political message to any telephone number on any federal do not call list.
IV. (a) A violation of this section shall result in a civil penalty of $5,000 per violation.
(b) Any person injured by another's violation of this section may bring an action for damages and for such equitable relief, including an injunction, as the court deems necessary and proper. If the court finds for the plaintiff, recovery shall be in the amount of actual damages or $1,000, whichever is greater. If the court finds that the act or practice was a willful or knowing violation of this section, it shall award as much as 3 times, but not less than 2 times, such amount. In addition, a prevailing plaintiff shall be awarded the costs of the suit and reasonable attorney's fees, as determined by the court. Any attempted waiver of the right to the damages set forth in this paragraph shall be void and unenforceable. Injunctive relief shall be available to private individuals under this section without bond, subject to the discretion of the court. Upon commencement of any action brought under this section, the clerk of the court shall mail a copy of the complaint or other initial pleadings to the attorney general and, upon entry of any judgment or decree in the action, shall mail a copy of such judgment or decree to the attorney general.

Source. 2003, 258:1, eff. Jan. 1, 2004.