(US) Politicians already gave themselves a loophole into unlimited unsolicited spam. So cleaning up other spammers would strengthen the quality of their spam channel, as consumers would be less jaded/more likely to pick up.
My non-tech savvy 82yo father has made a similar point to me: all these garbage phone calls that I get every day make me not trust ANY phone call that I receive. You'd think this would upset legitimate businesses that need to make calls.
Business would be a bit better if there weren’t robocalls. But free-rider/coordination challenges make it difficult for the diffuse category of all businesses to group together and fight it.
Yes. If the content of the message is "political speech" it is exempted from CAN-SPAM (which also covers cell phone calls) as an extension of first ammendment rights, regardless of who is doing the speaking.
No, you are absolutely wrong. CAN-SPAM law for email is under the FTC's regulation and does nothing to restrict the ability of marketers to send initial unsolicited mailings. This isn't a first amendment question of exemption, the FTC is not authorized by statute to regulate noncommercial activity like a political campaign.
TCPA regulations for cellphone marketing are under the auspices of the FCC. You cannot send unsolicited commercial SMS and calls legally (there are some exemptions for pollsters and nonprofits). TCPA law also applies to political campaigns: https://www.fcc.gov/political-campaign-robocalls-robotexts
