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.

[Orangedog]

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.

Oh cry me a river for the poor boiler room telemarketers. America says it hates telemarketing. Well, the numbers don't bear that out.

Right, that's why 50 million people signed up to be put on the DNC list. Go back to cold calling people who don't want to talk to you.

[RonF]

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.

Here's one solution; call the neighbor, tell him that his damn dogs won't shut up, and that you want them to quiet down.

Here's another solution: call the cops. Doubtless your town has a noise ordinance, and in enforceing it they'll make sure those dogs have all their shots, too.

Here's a third solution. Get a live trap, put some peanut butter and such in it, and keep checking and rebaiting it until you get yourself a nice fat raccoon. Then wait until those dogs are barking well after dark and throw the raccoon over the fence (wear thick leather gloves). They'll probably kill it, but they'll get all bit up and there'll be a nasty mess to clean up. The owner will get the hint.

[mhking]

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.......

No offense, but your right to do business should not trump my right to peaceful enjoyment of my own home. And no one has been able to specifically show where large numbers of people would be put out of work by this with any sort of empirical data, contrary to the constant carping of the telemarketing association.

As for opting out, why not let me opt in if I find I don't mind those sorts of calls? Why is the onus placed on the consumer to get out of something they did not ask to be a part of? Because professional telemarketers know that most people would never opt to participate in the first place.

[jbstrick]

I think I may have to agree with the Judge. The law should be enacted by CONGRESS or the States.

Oklahoma has a do not call law of its own.

[hoosierboy]

Sorry I seemed to have riled soem people here. I just feel we live in a nanny state already, and this is just one more program the federal government controls. I don't need the feds to take care of me, I can take care of myself.

[Alouette]

If I don't like them calling I just hang up on them.

I always hang up on total strangers who can't pronounce my name but try to make me think they "care" by asking, "How are you today?"

[VRWCmember]

It sounds like they're saying this is more of a state matter, and I think they have a point.

No, the judge ruled it belonged in the jurisdiction of the FCC rather than the FTC.

[jbstrick]

Why is it OK for the FTC to enact laws? That is the job of Congress.

[Snowy]

I just this minute got one of those calls here at work! I immediately signed that number up for the do not call list. I will start to get nasty if this doesn't stop soon.

[jbstrick]

Oklahoma has a state "don not call" law. The AG has prosecuted several companies for violating it.

This is a STATE issue NOT a FTC or Federal problem.

[Orangedog]

Why is it OK for the FTC to enact laws? That is the job of Congress.

The FTC is a creature of congress. Congress gave them the authority to structure and regulate things like marketing practices that cross state lines.

[MediaMole]

No different than posting a "No Trespassing" sign. The Feds just handle the details.

Before I went on my state Do Not Call list, I couldn't even answer my phone, every call was telemarketing. Sometimes 10 or 15 calls in an evening. If you don't answer, they just try again and again and again. Now I have some peace.

[gitmo]

LOL

[Diddle E. Squat]

http://216.239.51.104/search?q=cache:ibhgD5MkGI8J:www.okcu.edu/law/press/nrl03020.asp+%22lee+r.+west%22+appointed&hl=en&ie=UTF-8

In the 5th paragraph:

"Judge West was appointed U.S. District Judge for the Western District of Oklahoma in 1979 by President Jimmy Carter."

[Dog Gone]

You are incorrect. This case, in federal court, involved the national do not call list, which was established under federal law.

The federal judge ruled that it was established under the improper federal agency.

You can't get much more federal than that.

[Professional]

Well, let's say you're a client of a brokerage firm. How am I supposed to stay in touch with you? Wouldn't it even be illegal for me to call and ask you? If you do business with phone company x, shouldn't they be able to call you and offer you new services, or discounts on calling plans that they know you'd benefit from? I had my phone company call me and inform me about a plan that fit my needs, I saved money and was happy to hear from them. As I said before, you have the ability to curtail these calls by just using some common sense. Involving the govt into this was a ploy to gain far reaching power that would have dramatically effected American business.

You are ABSOLUTELY kidding yourself if you thought that this wouldn't wind up in STAGGERING unemployment numbers. Supposedly, GW has LOST 3 million jobs under his watch, now the number would be 5 million. Can you imagine the windfall the US Postal service would have gotten out of this?! Think a bit outside the box on this, twas a particularly bad idea.

[gitmo]

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?

No one has said the telemarketers should not be allowed to solicit sales over the phone. What the FTC did was allow the individual to put a "No thanks" sign out, meaning "Don't bother me. I'm not interested."

[Lijahsbubbe]

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

You are so right, what a scam. I knew better too, and went ahead and signed up on the list a little while ago. Doh!

[1L]

They'll probably kill it, but they'll get all bit up and there'll be a nasty mess to clean up. The owner will get the hint.

Have you ever shot a racoon? It's not something you want killed in the yard next to yours.

[Lazamataz]

I prefer to tell telemarketers: "I am busy masturbating, mind, um, holding on for a minute while I finish?"

Have a tape recording or a .wav file of a woman screaming. When the telemarketer calls, start the screaming and in your weirdest serial killer voice, start going on about how she just won't die....