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An investigation led by the Federal Communications Commission (FCC) has led to a $5 million fine being proposed against conservative activists Jacob Wohl and Jack Burkman for making misleading robocalls to Black voters ahead of the 2020 Presidential election.
According to the FCC, the two men made robocalls to cell phones without the recipient’s consent, violating federal law.
The messages falsely told people that if they vote by mail, their information would be part of a database “used by police departments to track down old warrants and be used by credit card companies to collect outstanding debts.”
Wohl and Burkman say that they’re innocent of the alleged violations. The men told The Washington Post that the fine was “tyranny and madness.”
“We’ve never done any robocalls,” Wohl said. “We are categorically uninvolved.”
New York Attorney General Letitia James filed a separate lawsuit against the men in May over allegations of voter suppression associated with the spam calls.
Last year, Michigan’s Attorney General Dana Nessel linked the two men to hundreds of robocalls that warned listeners that they would be added to a list for “mandatory vaccines” and that their personal information would be used by credit card companies, police departments.
The men are facing felony charges in Michigan over the robocalls.
The FCC Telephone Consumer Protection Act makes it a crime to call consumers who have not opted in to receiving automated calls.
Officials spoke with consumers and reviewed call records and recordings from two service providers.
In working with the Ohio Attorney General’s office, the commission found that between August 26, 2020, and September 14, 2020, 1,141 robocalls were placed. Wohl and Burkman were identified by name, and Burkman’s phone number showed up on the caller ID.
The FCC says that Wohl and Burkman admitted under oath that they were involved with creating and distributing the calls, with Burkman stating in the U.S. District Court for the Southern District of New York, “That is our call, yes, yes” with confirmation from Wohl.
Burkman and Wohl will have a chance to refute the fine, but if it stands as proposed, it would be the largest in FcC history under anti-robocall laws.
