Federal court rules against FTC no-call list

CBS MarketWatch.com ^ | 9/24/2003 | William L. Watts

[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.

[TLI]

The Honorable Lee R. West
Senior United States District Judge
Western District of Oklahoma

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U.S. Courthouse
200 N.W. Fourth St. Oklahoma City, OK 73102
Rm 3001, Courtroom 303, Third Floor
Chambers Telephone: 405-609-5140
Chambers Facsimile: 405-609-5151

[RonF]

The solution to the problem, was far worse. Technology today is not capable of enforcing, monitoring, screening the information. I will tell you, the industry of sales had no clue, on how to comply with this crap.

Here's a clue; stop telemarketing.

[Labyrinthos]

Has anyone slamming the court's decision actually read it? (Be honest.) If not, then they're no better than the liberal liars who slammed Ann Coulter's book before reading it, and have called Mel Gibson's movie about the death of Christ anti-semetic even though the movie isn't finished and won't be released for months.

I haven't read the court's decision yet either. And even though I detest telemarketing (I've already signed on to the "do not call list"), the seperation of powers doctrine in the Constitution prohibits executive agencies such as the FTC from regulating beyond the scope of their authority as delegated by Congress. If the FTC lacks the authority to regulate in this particular area (and I don't know the answer either way), then we should be applauding the Federal District Court judge for what he did no matter how popular the regulation at issue, and hope that more judges will follow suit when reviewing the legality of bureaurocratic initiatives.

[NotJustAnotherPrettyFace]

I didn't put my name on the "do not call" list because for my wife and I, we get a kick out of it. It's almost always dinner time when they call. I answer on a speaker phone so we can both hear and really have fun with the caller. It's cheap entertainment. :) You can act drunk... or like a stoner... or like a hick.... or whatever. It's pretty funny.

While I fully appreciate your sense of humor...... have you ever eaten a meal without getting up to handle a call this way? After cooking a meal for my family of five, I'll be d^%$#d if I'm going to get up and answer an unsolicited call(One more thought - maybe you need to go out for dinner more often. ;-)

[RonF]

Should a realtor that worked for you 4 years ago not be allowed to call you wondering if you'd consider a bigger home? How about a contractor that did your fence 8 years ago calling about coming out for a free estimate to fix or replace warn parts of the fence? How about the car dealership that sold you a car 6 years ago, wondering if you'd like to test the new model?

All those people can send me a letter, since they should know my address. Stay off my phone.

[Orangedog]

He likes telemarketing....that should speak volumes!

[RonF]

Please tell me which software program has million number capability? Act doesn't, Access doesn't, Goldmine doesn't, Excell can't......

MySQL does and it's free. There's NT and Linux versions.

[Alouette]

Should a realtor that worked for you 4 years ago not be allowed to call you wondering if you'd consider a bigger home? How about a contractor that did your fence 8 years ago calling about coming out for a free estimate to fix or replace warn parts of the fence? How about the car dealership that sold you a car 6 years ago, wondering if you'd like to test the new model?

Are those not reasonable "solicitation" calls?

No!!!

If I wanted a larger home, a fence repair (gee if it needed repairing after such a short time why should I call the incompetents who installed it?), or a new car, I would be making my own calls at a time convenient for me.

Any moron who can't pronounce my name because of a reading comprehension problem with word of more than one syllable, and a total stranger who begins a pitch with stupid "How are you today?" gets a big HANGUP.

I do not bother to answer the phone if it rings during suppertime. That's what answering machines are for.

[JimFreedom]

That isn't always possible. I have gotten as many as 20 of these calls in a single day. Some leave messages that you can't even stop, like the one about the entry I filled out in the mall (not!) or the vacation I won, or the FREE SAT dish, enough already! Leave me ALONE! As for you Mr. 'PROFESSIONAL' your are a world class a-hole, give me your number so I can call you while you are on the john, or eating, or doing whatever the hell you do when you are not annoying us here on this thread!

have a ncie day.

[Dave S]

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?

Not everyone sits on their fat ass next to the phone. I have to run down the hall to get to the phone before it switches over to call notes on the fourth ring. I get enough exercise without jumping for a damn computer generated call when a person doesnt even get on the line until ive caught my breath. You want to talk to all the mortgage brokers, carpet cleaners, credit card hawkers you are welcome to answer my phone.

[Orangedog]

And whatever you do, DO NOT register the judges phone and fax number with marketers on dozens of websites ;)

[RonF]

I'll tell you one consequence for SURE. If this had gone through, your mailbox would have needed SUPER sizing!

I'll make that trade in a second. I can empty my mailbox whenever I please; I don't have to drop what I'm doing to get it. And I can usually tell whether something's junk mail without even opening it; I just rip it in half and throw it in the recycling bin.

[mhking]

No problem...just post your phone number and I'll make sure several software vendors call you every day at home for the next 18 months to explain the benefits of their product.

"So.....how many boxes of software are you going to buy?

"Great! Five hundred it is!"

[kjam22]

I hear you. We put the speaker phone on the end table between us (we eat in front of the television).

I had one lady who sound like a New Yorker going nuts. Told her I was up on a telephone pole where the phone was. That Mrs Kjam22 had just clumb down from talking to the doc about her hemerroid perscription... and I was sure she didn't want to climb all the way back up here to talk... lessen it was real important like.

This lady was going... YOUR PHONE IS ON A TELEPHONE POLE?

I had her going for about 5 minutes.... before she finally gave up and hung up on us.

[justshutupandtakeit]

Free enterprise stops at my door. After that it ain't free to do anything without my permission.

[Dave S]

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.

I just called them and they put me on hold.

[Orangedog]

LOL!

[rattrap]

you read my mind. that guy calls me at least three times a week.

[kevao]

He also suggested sending your junk mail back to the company that sent it to you in the postage paid envelope provided.

Can't you just white out the company's name and address and use the envelope to mail the bank your mortgage payment or something?