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Judge Rules Against Do-Not-Call Registry
cnn.com ^ | 9/24/02 | cnn

Posted on 09/24/2003 1:08:49 PM PDT by scab4faa

OKLAHOMA CITY (AP) - A federal judge has ruled that the Federal Trade Commission overstepped its authority in creating the national ``do-not-call'' list against telemarketers.

The ruling came in a lawsuit brought by telemarketers who challenged the list of 50.6 million numbers submitted by people who do not want to receive business solicitation calls.

The immediate impact of Tuesday's ruling by U.S. District Judge Lee R. West was not clear. He did not issue an order directing an action by the FTC. The list was to go into effect Oct. 1.

West said the main issue in the case was ``whether the FTC had the authority to promulgate a national do-not-call registry. The court finds it did not.''

In 1994, Congress enacted the Telemarketing and Consumer Fraud and Abuse Prevention Act that directed the FTC to ``prescribe rules prohibiting deceptive ... and other abusive telemarketing acts.''

But the judge said Congress gave the Federal Communications Commission, not the FTC, the authority to operate ``a single national database to compile a list of telephone numbers of residential subscribers who object to receiving telephone solicitations.''

The FTC said the Omnibus Appropriations Act, signed by President Bush in February, authorizes the FTC to ``implement and enforce the do-not-call provisions of the Telemarketing Sales Rule.''

``This decision is clearly incorrect,'' FTC chairman Timothy Muris said Wednesday. ``We will seek every recourse to give American consumers a choice to stop unwanted telemarketing calls.''

House Energy and Commerce Committee Chairman Billy Tauzin, R-La., and Rep. John Dingell, D-Mich., said they were confident the ruling would be overturned and that they believe Congress gave the FTC authority to operate the registry.

``We will continue to monitor the situation and will take whatever legislative action is necessary to ensure consumers can stop intrusive calls from unwanted telemarketers,'' they said in a joint statement.

Direct Marketing Association, one of the plaintiffs, said it was happy with the ruling, even though it ``acknowledges the wishes of millions of U.S. consumers who have expressed their preferences not to receive telephone-marketing solicitations - as evidenced by the millions of phone numbers registered on the FTC list.''

The DMA, a nonprofit trade organization representing 5,000 U.S. companies, said it will work with its attorneys, the FTC and the FCC during the next few days to evaluate what the ruling will mean for consumers and businesses.

The telemarketing industry estimates the do-not-call list could cut its business in half, costing it up to $50 billion in sales each year. Telemarketers would have to check the list every three months to see who doesn't want to be called. Those who call listed people could be fined up to $11,000 for each violation.

The lawsuit was filed by U.S. Security, Chartered Benefit Services Inc., Global Contact Services Inc., InfoCision Management Corp. and Direct Marketing Association Inc.

A similar lawsuit is pending in U.S. District Court in Denver, where the trade group American Teleservices Association and two telemarketing companies sued in January to keep the FTC from starting the do-not-call program.

In the Denver case, the plaintiffs said the list would violate telemarketers' constitutional rights and exceed the FTC's authority. The FTC argued that the list presented no serious constitutional problems and was created under congressional authority in response to concerns about intrusions into consumers' privacy.

Plaintiffs in the Denver case are Mainstream Marketing Services Inc. of Boulder, Colo., and TMG Marketing Inc., a Nebraska company that operates from Denver.

(Excerpt) Read more at money.netscape.cnn.com ...


TOPICS: Government; News/Current Events
KEYWORDS: donotcall; donotcalllist
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To: hadaclueonce
The greater the usage, more people paying in, the lower the cost. I would assume, that the telemarketing industry is an extremely profitable business for the phone companies. Surely, you can see that?
61 posted on 09/24/2003 2:40:04 PM PDT by Professional
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To: BlazingArizona
You ever hear of "Caller ID"?
62 posted on 09/24/2003 2:40:46 PM PDT by PaulJ
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To: hadaclueonce
Proper implementation of electrical utility deregulation would save you money, and make the utilities more profitable, and provide you with a never ending supply of windmills with slogans on them within your yard!
63 posted on 09/24/2003 2:41:41 PM PDT by Professional
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To: Poohbah
BellSouth has a service, "Privacy Director," that works with caller ID, and very effectively. If the number doesn't display (the famous "Unknown" telemarketer), the caller is intercepted, and told to either state their name or call back and display their number. Privacy Director then calls the recipient with a recorded message, asking if they want the call. The recipient presses a button (accept or reject) and that's that.

I can honestly say that 99% of the flood has stopped in the three years we've had it.

If the other telcos got enough customer pressure to offer such a service, we'd have the problem licked, without a host of regulations and government spending. Do you honestly believe the government employees hired to implement this service are going to be effective? Can you say "Federal airport screener?"

Disclaimer: I am not a telemarketer, I do not represent anyone who is a telemarketer, and I intensely dislike telemarketers -- but I like government interference in my life even less.

64 posted on 09/24/2003 2:42:20 PM PDT by browardchad
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To: scab4faa
So, exactly what is his phone number?
65 posted on 09/24/2003 2:46:21 PM PDT by freeangel (freeangel)
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To: Professional

You really want them to pay? Ask them to complete a contract for the services, you are very interested, but would like to read about it first. The packaging, disclaimers, forms, will make for a very big envelope and consume lots of time for them. When you get it, forget to complete the important parts, legally binding, then send back. Then they will call you again, apologize for the mistake, have them send it again, repeat process until eternity...

Good idea! Letterman did skit on this. Guy invites a telemarketer to dinner to talk about their deal. He gets there and punches him out.

66 posted on 09/24/2003 2:48:33 PM PDT by Dan Evans
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To: Professional
you do not have a clue about wind generation, not one.
As a control area operator, with wind generation, it generates at night and in the spring and fall when there is no load.

It is a total pile of BS that makes the greenies feel good.

And I think that ALL unsolicted phone callers should be in jail for harrasment. Until you B**ds start paying for the right to access my phone, and I have the option to put you on "ignore" you should all go away.

67 posted on 09/24/2003 2:49:54 PM PDT by hadaclueonce (shoot low, they are riding sheltlands..)
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To: hadaclueonce
I feel like I am wrestling with a pig, we both get dirty and the pig kinda likes it...
68 posted on 09/24/2003 2:52:04 PM PDT by hadaclueonce (shoot low, they are riding sheltlands..)
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To: Keith
Call Judge West's chambers directly: 405-609-5140. to let him know your opinion of his ruling.
69 posted on 09/24/2003 2:57:18 PM PDT by RJL
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To: hadaclueonce
I know EVERYTHING about wind generation. I sell Windotrons. If you get sponsorship from a company, you can fuel your house, and the neighbors, leaving you with some hard cash. To sign up, just send me a private reply and I'll let you in on the greatest thing since above ground pools! I'll even tell you about becoming a regional sales VP of this fast moving exciting company that can take YOU to the next level!
70 posted on 09/24/2003 2:57:25 PM PDT by Professional
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To: secret garden
It's time to repost that article by Dave Barry with the telemarketer's phone numbers.

The tele-marketers liked getting all those phone calls so much, they dissconnected the phone number listed in Barry's article.

71 posted on 09/24/2003 3:00:19 PM PDT by RJL
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To: PaulJ
You ever hear of "Caller ID"?

If you've invented a species of Caller ID that prevents the scumbags from filling up my voicemail with their crap, please let me know.

72 posted on 09/24/2003 3:00:32 PM PDT by BlazingArizona
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To: Stefan Stackhouse
Why would a small business need to contact me if I haven't contacted them first? These restrictions wouldn't apply if I called them about a product/service and asked them for a callback. Also, if I don't want to be called with UNsolicited calls, I don't want them from anyone. Small business or large. I think you've built a straw man.
73 posted on 09/24/2003 3:01:33 PM PDT by YummiBox
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To: Professional
This post is priceless, it says it all. Sometimes the pig looses, and you sir...are bacon. Sometimes you have to wrestle with the low life before the true colors are shown.

Your boiler room operations should be shut down, you put in jail.

Since there are laws that keep us from hunting you down, shooting you in the head, we need laws that limit your ability to harrass and take our monies for your profit.

Do away with the law about hunting you down, and I am fine with you calling me.
74 posted on 09/24/2003 3:06:00 PM PDT by hadaclueonce (shoot low, they are riding sheltlands..)
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To: PaulJ; CDHart
The FTC has no business telling business' who they can and can't call.

The FTC is not stopping tele-marketers from calling anyone.

The FTC is giving me a tool so I can choose who uses my phone and the phone service that I pay for.

75 posted on 09/24/2003 3:08:59 PM PDT by RJL
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To: RJL
AMEN brother, I don't care who can stop it, I just want the maddness to stop.
I work nights 7 days a month, it is hard to sleep, and the calls come all day long. Yep, I look at caller ID, but it still wakes me. F them, there is a special place in hell for them, If the Lord listens to my prayers. And I am not joking.
76 posted on 09/24/2003 3:15:23 PM PDT by hadaclueonce (shoot low, they are riding sheltlands..)
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To: Professional
>> "the courts hopefully will never allow the govt to control who gets to call you. That is NOT the responsibility of the govt." <<

HELLO. The govt is NOT controlling who will call you. The people that put their names on the list are controlling who will call (or not call) THEM.

This IS individual freedom. I think that you are looking at it totally backwards.


77 posted on 09/24/2003 3:25:37 PM PDT by sd-joe
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To: PaulJ
>> "The FTC has no business telling business' who they can and can't call." <<

The FTC is NOT telling anything. The INDIVIDUALS who put their names on the list are telling the businesses that they do not want to be called.

This is actually a service to the businesses, who do not waste time and money on people who do not want to hear from them.
78 posted on 09/24/2003 3:28:21 PM PDT by sd-joe
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To: hadaclueonce
Dude, I was joking... Windotrons... good grief.
79 posted on 09/24/2003 3:29:08 PM PDT by Professional
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To: RJL
Any idea who appointed this judge?
80 posted on 09/24/2003 3:34:21 PM PDT by peter the great
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