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.

[EggsAckley]

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.

[Orangedog]

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.

[unixfox]

A nice warm hot dog on the end of a 22 rifle works very well in your situation.

[the gillman@blacklagoon.com]

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.

[mhking]

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!]

[Orangedog]

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.

[just mimi]

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.

[bankwalker]

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.

[steve-b]

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.

[menotyu]

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!

[EggsAckley]

Now the Government can make a fortune selling the list.

BINGO! That is why I did not sign up for the list. I'm already on enough lists.

[bedolido]

thanks friend. Glad to see your puter is still working... or you acquired a new one.

[Professional]

The Do Not Call list was a leftists greatest dream. Make commerce illegal, shift the economic balance even further to the govt from private enterprise.

Just goes to show you that all the people can be fooled some of the time. Have not commented on this until now, but literally cannot believe that so many Freepers thought this was a good idea.

The DNC list would have made it illegal for me to call my clients if they hadn't done business with me within 18 months. I would have been subject to a fine of up to $11,000. $11,000 fine for calling someone!? Due process, punishment fitting the crime????? How on earth this was considered legal in a free society is completely beyond my comprehension. What if I called a wrong number, contacted someone of the thousands of clients that may have recently transferred out, etc.......

The free market was doing a fantastic, and profitable job, of fighting unwanted telephone solicitation. Qwest here in Washington provides not only caller id, but a message that tells callers that the number doesn't accept solicitations. My phone at home has both and the solicitation calls went from 2-4 per day to ZERO, immediately.

Funny how the DNC also allowed for certain exemptions. It exempted charities, polling companies, and politicians. How convenient eh?

The govt tried to ram this down Americas throat and at the same time not prepare business, legit or not, any way to actually monitor or prepare for this. The cost of screening databases was so high, as to put all sorts of businesses into bankruptcy.

Should the DNC list have gone into effect, the true beauty would have been realized by the left, MASSIVE unemployment. Overnight, pink slips well in excess of 1 MILLION people would have been delivered, 2 million according to the head of the telemarketing association. Who's head would have that been hung around? President Bush of course!

America says it hates telemarketing. Well, the numbers don't bear that out. The telephone is the cheapest and most effective way, by FAR, to build many businesses. Let me tell you, there would be no telemarketing if it didn't produce results. Results, meaning people buy and benefit from it!

Fine, scream, yell, call me all sorts of names if you'd like, but the fact is, the govt was providing a cure far worse than the problem. If you don't want to be solicited, there are long lists of ways to stop it from happening.

Opt out at your banks, brokerage firms, mutual fund companies, phone companies, etc. for starters. If someone calls that you don't want, simply tell them that you want to be on their do not call list ( this IS enforcable not only federally but in many states regardless of the DNC list). Have your phone company provide you with caller id and the do not solicit message (not expensive at all). Should someone abuse your rights, take notes, gather the info and send off to the authorities.

Lastly, be VERY very careful when signing up for things. Magazines, internet sites, surveys, and all sorts of things are meant to collect data on you so it can be shared or sold. These firms can be very tricky wiht their language and in the case of the internet, switch your settings should you miss a field.

You have no idea what the unintended, and certainly some nephareous intended consequences would have been should this have gone into effect.

FYI, I'm a Financial Consultant for a bank and have been a registered rep for 11 years covering both wirehouses and banks.

[Rad_J]

wait a minute, the voting has already started on the do not call list.

The 9th just ruled that the courts should not stop something after voting has started, and voting has started.

[RonF]

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

Not always. Sometimes it prevents them from taking money from someone else. My phone is my property. I bought it. I pay for it's maintenance and use. When a telemarketer calls me, they are using my property without my permission. The fact that I have money doesn't mean that if someone else thinks of a way to take it without my permission, they are being deprived of their money.

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

This is private money being taken for private use, not public use. This regulation doesn't take money from telemarketers and give it to the government. It keeps my money in my pocket; it's private money.

[RonF]

I also have caller ID so I know who is calling.

The next time you get a telemarketing call, keep them on the line long enough to look down and see what the number is. Odds are that they've got Caller ID blocking, so you can't tell where they're calling from and thus you won't know who's calling.

[michigander]

You know,...

Nope, I don't know anything about anything like that.

[just mimi]

Can they be taken to task by the gov't for misusing this list?

[mhking]

Glad to see your puter is still working... or you acquired a new one.

Neither really - I'm at work right now, but otherwise, I've cobbled together an old box with next to no memory or harddrive space that should at least hold me until I can effect more effective measures. (or, in plain language, I found an extra band-aid under the couch cushion, but I can't completely stop the bleeding yet)

[gridlock]

OK. That tears it.

Up until now I have been polite but firm with telemarketers. A simple "No thank you, and please do not call me again."

No more. They get the "(explicative deleted) You" from now on.