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Can I use email marketing to fundraise in Massachusetts? What are the requirements?

Email Marketing for Fundraising in Massachusetts

Under Massachusetts law, political text messages can be sent without the recipient’s prior consent if the sender does not use autodialing [3]. However, the use of email marketing for fundraising purposes is subject to certain restrictions.

According to the House Administration Committee regulations, any advertisement paid for by a congressional office, as well as any printed materials produced by an office, must comply with the Franking Regulations [1]. Emails sent by a congressional office must likewise comply with the Franking Regulations. The Franking Regulations are issued by the House Franking Commission, and they govern the use of the frank under 39 U.S.C. § 3210 and related statutes. Statutory law provides that it is Congress’ intent that the frank not be used for campaign purposes [1].

Moreover, under statutory law and Committee on House Administration regulations, a Member is prohibited from spending official funds to make any unsolicited mass communication within 90 days of any election in which the Member’s name is on the ballot [1]. Therefore, if you are a candidate running for office, you cannot use email marketing to fundraise using official funds within 90 days of the election.

In addition, funds that comply with the limits, prohibitions, and reporting requirements of the Federal Election Campaign Act do not satisfy the requirements for advertising and disclaimers [2]. Therefore, if you are using email marketing for fundraising purposes, you must comply with the advertising and disclaimer requirements of the Federal Election Campaign Act.

Requirements for Email Marketing

If you are using email marketing for fundraising purposes, you must comply with the following requirements:

  • Comply with the Franking Regulations [1]
  • Comply with the advertising and disclaimer requirements of the Federal Election Campaign Act [2]
  • Do not use official funds for unsolicited mass communication within 90 days of any election in which the Member’s name is on the ballot [1]
Source(s):
Jurisdiction

Massachusetts