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Federal court rules against FTC no-call list
CBS MarketWatch.com ^ | 9/24/2003 | William L. Watts

Posted on 09/24/2003 8:47:38 AM PDT by SierraWasp

11:29AM Federal court rules against FTC no-call list by William L. Watts

WASHINGTON (CBS.MW) -- A federal judge in Oklahoma City ruled that the Federal Trade Commission didn't have authority to implement a popular do-not-call list shielding consumers from telemarketing calls, the Direct Marketing Association said. The court reportedly found that statutory jurisdiction for such a list rested with the Federal Communications Commission rather than the FTC. The DMA, a trade group representing telemarketers, brought the suit. In a statement, the organization said it "acknowledges the wishes of millions of U.S. consumers who have expressed their preferences not to receive" telemarketing solicitations. The DMA said it would work with the FTC and the FCC to "evaluate the practical implications" of the judge's decision, which was issued Tuesday.


TOPICS: Breaking News; Business/Economy; News/Current Events
KEYWORDS: donotcall; fcc; federales; ftc; telebastards; teleterrorists
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More FEDERAL Judges for LIFE as Federal Rulers for LIFE!!!
1 posted on 09/24/2003 8:47:38 AM PDT by SierraWasp
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To: SierraWasp
Oh wonderful.
2 posted on 09/24/2003 8:50:40 AM PDT by Kimlee
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To: SierraWasp
Alright, if they have the right of Freedom of Speech to harrass me, I have the right of whistle blowing in their ear to express my displeasure with their call!
3 posted on 09/24/2003 8:51:39 AM PDT by D. Miles
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To: SierraWasp
In a statement, the organization said it "acknowledges the wishes of millions of U.S. consumers who have expressed their preferences not to receive" telemarketing solicitations.

Acknowledges, but won't respect. Perhaps they'll call me tonight and acknowledge it again.

4 posted on 09/24/2003 8:52:08 AM PDT by Dog Gone
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To: SierraWasp
Hold on, now. Just because a regulatory commission issued a regulation doesn't mean that it can legally do so. Think of all the regulations you've been GLAD to see overturned.

The issue here may simply be that this has to go though the legislature, not the executive branch. If this came before Congress as a bill, voting against it could be a career-ender.

Of course, one regulation I'd like to see would deny the option of masking one's phone number from Caller ID to anyone but a private residence. All corporate phone numbers would have to be seen via Caller ID. Once people start identifying what blocks of numbers belong to telemarketers, you could just start blocking them. That would include political solicitors, too.

5 posted on 09/24/2003 8:53:31 AM PDT by RonF
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To: SierraWasp
I don't see why people were for this list. Telemarketers are just like any other business. If I don't like them calling I just hang up on them. I also have caller ID so I know who is calling. What happened to conservatives for free enterprise and capitalism?
6 posted on 09/24/2003 8:54:32 AM PDT by hoosierboy
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To: SierraWasp
Well that's an annoyance.

I'm going to avoid passing judgement on the Judge, because he might just be right about the statutory authority. In which case we need to get the statutory authority right.
7 posted on 09/24/2003 8:55:28 AM PDT by DannyTN (Note left on my door by a pack of neighborhood dogs.)
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To: SierraWasp
why is it ok to flood my telephones, mailbox, email mailbox and fax with unsolicited junk?
8 posted on 09/24/2003 8:55:32 AM PDT by chuckr
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Time to hire more Federal workers.

Sheesh. More than a few somebodies have too much time on their hands.

9 posted on 09/24/2003 8:55:34 AM PDT by Cboldt
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To: Dog Gone
It sounds like they're saying this is more of a state matter, and I think they have a point.

10 posted on 09/24/2003 8:56:00 AM PDT by wimpycat (Down with Kooks and Kookery!)
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To: Dog Gone
My response is not to use the whistle but to argue against their product using vulgarity, name calling, etc. In the long run it desn't change things but I generally get the caller so mad that they are ineffectual for some time. I have even had some call back to argue even more.

Such fun
11 posted on 09/24/2003 8:56:36 AM PDT by ProudFossil
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To: hoosierboy
Hey, I'm for free enterprise and capitalism, but that doesn't mean I want uninvited intrusions into my home. My right to be left alone in my own home trumps any right the telemarketers may have under a free enterprise system.

But maybe that's just me.
12 posted on 09/24/2003 8:57:53 AM PDT by Chad Fairbanks (Madness takes its toll. Luckily, I have exact change ready...)
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To: SierraWasp
Ah. The Federal Judiciary working hard to make life more pleasant for us all.
13 posted on 09/24/2003 8:58:50 AM PDT by TontoKowalski
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To: hoosierboy
>>Telemarketers are just like any other business<<

Have you ever been harrassed by one of these people??? I've gotten calls at 9:30 at night, politely told them I am not interested then gotten return calls for the next 15 minutes. One ring at a time.
The company doing the calling has no interest in promoting the business. They are interested in volume only. That's their job.
My sister took one of these jobs for a short time after a lay off. She could not do what they wanted her to do and quit.
14 posted on 09/24/2003 8:59:53 AM PDT by netmilsmom (I got "Treason" from the Library today-was bought 9/3- Think libs are ruling the book list?)
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To: SierraWasp
Chambers Page for The Honorable Lee R. West
15 posted on 09/24/2003 9:00:10 AM PDT by michigander
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To: SierraWasp
I finally decided I didn't want the #@$%& telemarketers using the phone I PAY FOR to call me with their unwanted patter. I put my name on the no call list and it was supposed to go into effect October 1. I suppose they'll keep calling now.
16 posted on 09/24/2003 9:00:53 AM PDT by Semi Civil Servant ("Only liberal speech is protected by the Constitution." -- The ACLU)
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To: hoosierboy
Well if the telemarketers were paying for my time and part of my phone bill that would be fine. I don't pay to have a phone for my use for some company to assume it's right to use it for their purposes.
17 posted on 09/24/2003 9:01:03 AM PDT by StriperSniper (The slippery slope is getting steeper.)
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To: D. Miles

18 posted on 09/24/2003 9:01:10 AM PDT by moehoward
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To: hoosierboy
I don't see why people were for this list. Telemarketers are just like any other business. If I don't like them calling I just hang up on them.

They call you in the morning, they call you at night, they call you on sunday...... hey, IT'S MY PHONE!!!!
19 posted on 09/24/2003 9:01:59 AM PDT by evaporation-plus
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To: wimpycat
I guarantee that the Federal Judge here has an unlisted number, so he's never been bothered by telemarketers.
20 posted on 09/24/2003 9:02:38 AM PDT by Dog Gone
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To: hoosierboy
If I don't like them calling I just hang up on them.

Because it is an intrusion into one's privacy.

Your response is about as ridiculous as saying: If you don't want a pickpocket getting your money out of your pocket, don't put your money in your pocket.

You may now return to your telemarketing business. Thank you for your time.
21 posted on 09/24/2003 9:02:43 AM PDT by TomGuy
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To: SierraWasp
"The U.S. District Court in Oklahoma City said the Federal Trade Commission overstepped its authority when it set up the popular anti-telemarketing measure, according to the DMA.

The FTC had signed up some 50 million phone numbers for the list, which was due to take effect on Oct. 1."

One court overstepping 50 million. It's time to take the court to task....

22 posted on 09/24/2003 9:03:33 AM PDT by azhenfud ("He who is always looking up seldom finds others' lost change...")
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To: hoosierboy
I signed up for this no-call list right away. I resented private business using my time and property to pimp merchandise and services that I don't want.

I take it that's not a problem for you. Would you feel differently if a private enterprise set up a tent sale on your front lawn, without your consent or without even providing prior notice?

I don't see the difference between the two.

23 posted on 09/24/2003 9:03:33 AM PDT by TontoKowalski
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Comment #24 Removed by Moderator

To: hoosierboy
What happened to conservatives for free enterprise and capitalism?

I don't think that is the proper context for this problem.

If I can make money by shining a light in your window at night or blaring ads at high decibles at your house would that be OK because it's free enterprise?

And capitalism has nothing whatsoever to do with the question. It is a word that describes a system of ownership of property.

25 posted on 09/24/2003 9:04:12 AM PDT by Protagoras (The only thing worse than drugs is the War on Drugs)
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To: SierraWasp
No problem. I found a phone service which will not allow mass telemarketing calls and is cheaper than the baby bells anyways. I have yet to receive one call from a telemarketer in the 3 months I've used the service.
26 posted on 09/24/2003 9:04:14 AM PDT by Beck_isright (Shenandoah and Blue Ridge will re-emerge as the investment of the 21st Century....)
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To: hoosierboy
I don't see why people were for this list. Telemarketers are just like any other business. If I don't like them calling I just hang up on them. I also have caller ID so I know who is calling. What happened to conservatives for free enterprise and capitalism?

Try giving every salesman in the nation a key to your house. You can always ask them to leave if you don't what their product.

27 posted on 09/24/2003 9:04:25 AM PDT by RogueIsland
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To: hoosierboy
I don't see why people were for this list.

I am getting sick of apologists for the telemarketing scum. If you don't care, don't put your number on a list. Many of us do not want the phone ringing, do not want to play silly word games with a telemarketer, or blow a whistle in their ear. We just want the phones and phone lines we pay for left for our use and our use alone and do not want some jerk invading our homes with their crap. Understand now?

28 posted on 09/24/2003 9:06:16 AM PDT by Blue Screen of Death
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To: SierraWasp
OK, this makes me pretty cranky. So much for the will of the people.
29 posted on 09/24/2003 9:06:39 AM PDT by agrace
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To: SierraWasp
Perhaps we can let the court know how we feel by calling them at 405-609-5000. Be sure and call frequently, preferably at mealtimes when they are short-handed.
30 posted on 09/24/2003 9:08:21 AM PDT by RJL
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To: wimpycat
It sounds like they're saying this is more of a state matter, and I think they have a point.

Actually, I DID handle my problem at the state level (Texas), and I get less than 5 calls a month.
31 posted on 09/24/2003 9:09:03 AM PDT by johnb838 (Deconstruct the Left)
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To: hoosierboy
What happened to conservatives for free enterprise and capitalism?

NIMBY


BUMP

32 posted on 09/24/2003 9:09:14 AM PDT by tm22721 (May the UN rest in peace)
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To: hoosierboy
"I don't see why people were for this list."

You can hang no solitation signs if door to door salesmen become a problem. Without this list, there is no way to put a no solicitation sign on your phone number.

It's the intrusive nature of telemarketing. Who wants to spend every minute of their home life hanging up on telemarketers. Give us a way to tell them not to even call.

33 posted on 09/24/2003 9:10:42 AM PDT by DannyTN (Note left on my door by a pack of neighborhood dogs.)
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To: hoosierboy
What happened to conservatives for free enterprise and capitalism?

What happened to conservatives for private property rights? I should be able to enjoy the tranquility of my home without having to constantly defend it against unwanted intrusions into my property.

34 posted on 09/24/2003 9:11:04 AM PDT by Trailerpark Badass
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To: SierraWasp
Now the Government can make a fortune selling the list.
35 posted on 09/24/2003 9:12:37 AM PDT by Libertarianize the GOP (Ideas have consequences)
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To: RonF
"Of course, one regulation I'd like to see would deny the option of masking one's phone number from Caller ID to anyone but a private residence. All corporate phone numbers would have to be seen via Caller ID."

Implementation of "regulation(s)" takes money from those who are regulated.

Justice Stevens, in a concurring opinion, Nixon v Shrink, 2000, states,

"...I make one simple point. Money is property;"

Regulations are inacted and implemented for the public use.

Amendment V

"...nor shall private property be taken for public use without just compensation."

Such a regulation you propose would be unconstitutional unless a corresponding tax was imposed to collect the appropriate amount of revenue needed to compensate the private property owners for the taking of their property for public use.

36 posted on 09/24/2003 9:13:58 AM PDT by tahiti
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To: SierraWasp
So, the FTC should just transfer the list to the FCC.
37 posted on 09/24/2003 9:14:10 AM PDT by Cooter
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To: DannyTN
every minute of their home life

THis is the crux of the biscuit. It wasn't so bad back in the old days until the last ten years or so when it's gotten to where they will call 8-10 times per day. Also, so many of the pitches are not on the level and these telemarketers have used the phone to bilk people, many of them elderly, out of millions of dollars.
38 posted on 09/24/2003 9:14:12 AM PDT by johnb838 (Deconstruct the Left)
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To: Chad Fairbanks
but that doesn't mean I want uninvited intrusions into my home. My right to be left alone in my own home trumps any right

I don't want to listen to my neighbor's dogs barking all the time either, but there ain't a stinkin' thing I can do about it. Telemarketers, barking dogs, boom boxes...no wonder some people go off the deep end. I hate my neighbors and their barking dogs. There ya go, ya got me started now...GGRRRRRR

39 posted on 09/24/2003 9:14:27 AM PDT by bankwalker (If I have to explain, then you wouldn't understand.)
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To: SierraWasp
Can anyone get the home phone number for this judge? I think I'll give him a ringy dingy, and pass out the number to a few friends. 8-)


40 posted on 09/24/2003 9:15:11 AM PDT by unixfox (Close the borders, problems solved!)
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To: ProudFossil
My neighbor answered my phone for me and found a telemarketer on the line, selling the Wall Street Journal. He told her that it now has color, and she went into a "little retarded/demented girl" routine. She said it would be good because she had newspaper all over the walls already, and it would burn better with colors. He said he didn't have a fireplace and she said, that's okay, just burn it on the floor, it's SO pretty. When she told him that she could use it to plug up the holes in the walls, he hung up. But she kept him going for at least two minutes.
41 posted on 09/24/2003 9:15:43 AM PDT by EggsAckley (......................whatever...................)
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To: michigander
Chambers Telephone: 405-609-5140
Chambers Facsimile: 405-609-5151

You know, a person (or 100 people) with a mischievous mind might want to fill out registrations at a few dozen websites that ask for home and fax phone numbers to make sure that the "honorable" robed thug and his overpaid staff gets their fair-share of marketing opportunities.
42 posted on 09/24/2003 9:15:48 AM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: bankwalker
A nice warm hot dog on the end of a 22 rifle works very well in your situation.
43 posted on 09/24/2003 9:16:30 AM PDT by unixfox (Close the borders, problems solved!)
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To: SierraWasp
This is almost funny.

Now someone has a great big list of fifty million people and their very valuable personal information.

This list will get sold to the telemarketers for a fortune.

Me, I took out my phone long ago.
44 posted on 09/24/2003 9:16:43 AM PDT by the gillman@blacklagoon.com (See ya in the camps.)
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To: Howlin; Ed_NYC; MonroeDNA; widgysoft; Springman; Timesink; dubyaismypresident; Grani; coug97; ...
Just damn.

If you want on the new list, FReepmail me. This IS a high-volume PING list...

[As i mentioned, the B/C & JD! lists are going to float into and out of whack over the forseeable future, while I try to cobble a rig back together for myself. My apologies for any incovenience or misunderstandings in this time frame. New signups/removals may be flaky in this time-frame as well; please bear with me, and keep in mind you may have to FReemail me more than once for me to get it done. Thanks again!]

45 posted on 09/24/2003 9:17:09 AM PDT by mhking (Don't mess in the affairs of dragons; For you are crunchy, and taste great with ketchup...)
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To: Semi Civil Servant
I put my name on the no call list and it was supposed to go into effect October 1. I suppose they'll keep calling now.

Count on it...even moreso since the marketers have the "do not call" list...50 million verified phone numbers they can all to their hearts content.

46 posted on 09/24/2003 9:17:33 AM PDT by Orangedog (Soccer-Moms are the biggest threat to your freedoms and the republic !)
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To: Semi Civil Servant
Not only that, but since the telemarketers have access to this list in order to use it to supposedly "not call" us -- they have a nice fresh list of real phone numbers to call instead of just relying on their computer generated list. I did sign up for this list -- despite my concern about the trustworthiness of the people that would have access to this list. Grrrrrr.
47 posted on 09/24/2003 9:19:30 AM PDT by just mimi
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To: Dog Gone
I guarantee that the Federal Judge here has an unlisted number, so he's never been bothered by telemarketers.

Being unlisted doesn't stop them. The automatic dialers dial all number in the range they have been configured for.

48 posted on 09/24/2003 9:20:02 AM PDT by bankwalker (If I have to explain, then you wouldn't understand.)
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To: Dog Gone
I guarantee that the Federal Judge here has an unlisted number

I guarantee that someone will ferret it out and post it on the Internet within 24 hours.

49 posted on 09/24/2003 9:20:14 AM PDT by steve-b
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To: Semi Civil Servant
I'm with you, isn’t this a private property rights issue? I own the phone that is in my house, don't I have the right to dictate whom I speak to on my phone? I can put a sign on my door that reads "No solicitors". Cities, towns and municipalities can enact ordinances barring door to door salesman. What's the difference here? I watch TV, I have a choice, as to which commercials I watch on my TV, why can't I do the same thing with my phone? You know it would be great if someone created a business that.........um I got to go .... cya!
50 posted on 09/24/2003 9:20:40 AM PDT by menotyu (Smokin, trippin, drinkin never thinkin whats to be Another day, another war has come to set me free)
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