FCC Cites Manasseh Jordan Ministries for Prerecorded Calls to Cell Phones

The bottom line: the TCPA's restrictions on prerecorded calls to cell phones apply to religious organizations and ministries, not only to commercial telemarketers.

What happened

According to the citation, the prerecorded messages told recipients that "a miracle favor cloud," "a prosperity blessing," and a "financial blessing" were coming their way and to a loved one. The message then urged the recipient to contact Jordan by e-mail immediately to receive "this prophecy."

According to the FCC, consumers across the United States filed complaints. Almost every complainant reported getting multiple calls a day or numerous calls over long periods. Complainants described the calls as "harass[ing]," "persistent," and "relentless."

The citation also notes that the Manasseh Jordan Parties had been sued multiple times under the TCPA's private right of action for robocalls made without prior express consent.

Read the FCC Citation and Order against Manasseh Jordan.

The law

Section 227(b)(1)(A)(iii) of the Communications Act and 47 C.F.R. § 64.1200(a)(1)(iii) prohibit autodialed or prerecorded calls to wireless phones unless the call is made for an emergency purpose, with the called party's prior express consent, or, at the time, to collect a debt owed to the federal government. The FCC found that the prerecorded messages listed in the citation's Attachment A violated these provisions.

The cell phone restriction does not depend on whether the caller is selling something. It applies to prerecorded calls regardless of the caller's purpose.

Why a citation

Under section 503(b)(5) of the Communications Act, the FCC may not fine a party that does not hold an FCC license until it issues a citation, gives the party a reasonable opportunity to respond, and the party then engages in the conduct again. The citation put the Manasseh Jordan Parties on notice that further violations could lead to significant penalties.

Note on later law

The federal-debt exception referenced in the citation was later invalidated by the Supreme Court in Barr v. American Association of Political Consultants (2020). The consent requirement for prerecorded calls to cell phones remains.

Why it matters

Nonprofits and ministries sometimes assume that their calls are exempt from the TCPA. Some exemptions do exist for certain calls to residential landlines. Prerecorded calls to cell phones without consent are not exempt.

What this means for you

1. Obtain consent before placing prerecorded calls to cell phones, whatever your organization's purpose.
2. Track complaints. Repeated complaints are often what draws regulators' attention.
3. Honor requests to stop calling.