Astroturf Fraud from Verizon: Is This Even Legal?

Lawyers, help me out here.

Edward McKenna is the mayor of Red Bank, New Jersey.

In a normal week, he receives about 10 faxes from constituents. In three days last November, McKenna says he got more than 200.

EDWARD McKENNA: "Those faxes all purported to come from people who said they were Red Bank residents. In fact, each fax started out by saying, "I am a Red Bank resident and I vote."

These so-called residents all wrote in support of new legislation to increase competition in the cable industry. McKenna noticed the faxes had names, but no signatures.

EDWARD McKENNA: "When I called them, a number of them said they had not authored any such letter. Nor did they authorize anyone to send it on their behalf."

He says the traced the fax number back to an organization funded by the telephone giant Verizon.

Dawn Holian with Common Cause has studied these front groups, also known as "astroturf."

Is it legal to send correspondence to public officials on behalf of residents without their permission?  I mean I know it's unethical, but is it legal?



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Re: Astroturf Fraud from Verizon: Is This Even Leg (none / 0)

Actually, I'm pretty sure that sending fraudulent faxes is explicitly illegal, and maybe even wire fraud (call in the feds).  But I couldn't cite the statute.


by jonweasel on Sat May 13, 2006 at 02:14:08 PM EST

Re: Astroturf Fraud from Verizon: (none / 0)

I'm not a lawyer but it sure sounds like fraud to me. Representing yourself as someone else is fraudulent.


The 10,000 Things
by Andrew C White on Sat May 13, 2006 at 02:36:57 PM EST

Re: Astroturf Fraud from Verizon: (none / 0)

I'm a lawyer but have no special expertise here.

Signing anyone elses name to anything with intent to deceive is fraud.  Period.  However, it would be rare for such a case to be prosicuted unless there was a financial injury.  Anyone whose name was used without thier consent should file a complaint with the criminal authorities and could sue in civil court.  The injury aspect would be the sticking point but if someone felt strongly there is certainly basis for a civil action.  Verizon or whomever was responsible would apologize, pay filing costs, etc., it would never go to trial.

There is a federal law on junk faxes that might be worth looking into.  State ethics laws might come into play too.


by howardpark on Sat May 13, 2006 at 04:01:50 PM EST

The federal wire fraud statute... (none / 0)

...can be found at 18 U.S.C. §1343.


by kenfair on Sat May 13, 2006 at 04:41:56 PM EST

Re: Astroturf Fraud from Verizon: Is This Even Leg (none / 0)

Wire fraud be damned. This is IDENTITY THEFT!


by Geogriffith on Sat May 13, 2006 at 04:50:44 PM EST


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