CAUTION
Individual Donors File Class Action
Complaint Against
"American Right to Life"
NRL News has been reporting on the activities of a nationwide telemarketing campaign being conducted under the name "American Right to Life," which is now registered with the Federal Election Commission (FEC) as a federal political action committee.
After monitoring the group's financial reports with the Federal Election Commission, it became apparent that the vast majority of the pro-life resources raised were being paid to the recently formed telemarketing firm Capitol Communications of Mesa, Arizona. In order to protect our membership and the general public, NRLC filed a lawsuit in the Superior Court of the District of Columbia, claiming "unfair competition, fraud and deception" on the part of "American Right to Life." NRLC has requested that the court order "American Right to Life" to stop using that name or any similar name, and to pay compensatory damages.
Now, on March 4, a class action complaint against "American Right to Life" asking to join the lawsuit was filed by several individuals. According to the complaint, these individuals either "contributed money to American Right to Life based on American Right to Life's knowing use of a name which is easily confused with National Right to Life in order to deceive people into believing that they were donating to National Right to Life," or "contributed money to American Right to Life based on American Right to Life's representations that it would spend the money on legislation and lobbying efforts." Class action complaints are filed by groups of individuals who hope to recover the money they feel they lost due to the actions of the defendant.
According to the complaint, one plaintiff "donated $50 because she thought the call was from either National Right to Life or Arkansas Right to Life and that the money would be spent lobbying senators to override the President's partial-birth abortion veto. She continued to believe that she had donated to either National Right to Life or Arkansas Right to Life until she received paperwork indicating that American Right to Life had charged her donation to her credit card."
Another plaintiff "was falsely told that American Right to Life does the same thing as National Right to Life," according to the complaint, when she was called on "American Right to Life's" behalf in late November 1998, and sent her donation "believing that her money would be spent on lobbying efforts."
"At the time of the call she thought that she had agreed to make a contribution to National Right to Life," the complaint states of another plaintiff. "She mailed her contribution believing that it would be spent lobbying senators to vote to override the partial-birth abortion veto."
According to the complaint, another plaintiff's "donation was charged to his credit card and he was unaware that he had donated to American Right to Life until he received his Visa statement."
Another plaintiff "paid by debit card over the phone and did not realize that she had donated to American Right to Life until she received her statement," states the complaint.
Still another plaintiff "thought that she was contributing to National Right to Life based on their call and because the materials sent to her by American Right to Life look very similar to those of National Right to Life," according to the complaint.
A federal political action committee is required to send a year- end report postmarked no later than January 31 to the FEC. However, "American Right to Life's" year-end report was postmarked on February 24 and received by the FEC on February 26.
According to "American Right to Life's" FEC reports, as of December 31, 1998, "American Right to Life" had raised $1,179,949.39. A total of $1,122,283.06 had been paid to their telemarketing firm, Capitol Communications, which was over 95% of "American Right to Life's" income. None of that amount was reported as being spent on behalf of any candidates.
Officially in existence since July 7, 1998, this "political action committee" had only distributed a total of $11,650 in direct contributions to candidates. Another $4,081.30 was reported as "in-kind" contributions as of December 31, 1998. "In-kind" contributions are things of value given to candidates other than cash. Therefore, "American Right to Life's" total direct and in-kind contributions to candidates were less than 2% of its income.
"American Right to Life" also reported that they spent $1,301 on " independent expenditures" in 1998. "Independent expenditures" are expenditures made independently by a political action committee without the cooperation or consultation of the candidate or the candidate's committee. The reports indicate that "American Right to Life" still owes an additional $7,261.20 for "independent expenditures."
One of the candidates that "American Right to Life" made expenditures on behalf of was Ron Paul, a congressman from Texas who generally votes pro-life. However, Rep. Paul had voted and spoken against the Child Custody Protection Act, a bill that would have prevented minors from being transported across state lines for secret abortions in order to circumvent their home state's parental notice or consent law. Paul was opposed by a pro-life opponent, Loy Sneary, who had pledged support for the Child Custody Protection Act.
Interestingly enough, "American Right to Life" is now sending out a fundraising letter signed by Rep. Paul on its behalf.
"American Right to Life's" year-end report shows $21,183.62 cash on hand and $41,910.62 in debts, the vast majority of which was owed to Capitol Communications.
In comparison, National Right to Life Political Action Committee (NRL PAC) spent a total of $1,034,653.89 in support of candidates in 1998. Only about 20 percent of the money NRL PAC raised went to "operating expenditures."
Anyone who has received a call from "American Right to Life" and has questions or concerns, or wishes further information concerning the class action complaint, should call the law firm of NRLC General Counsel James Bopp, Jr., Esq., Bopp, Coleson, and Bostrom, at 812-232-2434, and speak to Raeanna Moore.
Once again, National Right to Life urges pro-lifers everywhere to be extremely cautious if a call or letter is received from this group or any other group which is unfamiliar to you. We believe that National Right to Life is the single-issue pro-life group in Washington with the organization, credibility and means to defend life at all stages. That is why Fortune magazine has for the second straight year listed NRLC in the top 10 most effective groups in Washington, ahead of hundreds of other non-profits and businesses with far larger budgets.
Furthermore, we believe that your pro-life donations are most efficiently and effectively used when given to National Right to Life Committee and National Right to Life's state affiliates.