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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
Shooting me in the head? Man, you are a loose cannon.
81 posted on 09/24/2003 3:37:44 PM PDT by Professional
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To: Professional
The government, in this case, only facilitated the direct will of the people. This is what the government is for! And you call this "very bad". You sound just like the man who did smoke but did not inhale...
82 posted on 09/24/2003 3:42:02 PM PDT by singsong
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To: birbear
Telemarketing offers nothing useful. New windows. I'm in New York State and we signed something a few years ago and the very annoying calls ceased. Aside from new windows, I can't remember what these annoying calls were selling, but I do remember it was nothing we could use or wanted.
83 posted on 09/24/2003 3:43:11 PM PDT by maxwellp (Throw the U.N. in the garbage where it belongs.)
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To: PaulJ; CDHart
Ditto. The FTC has no business telling business' who they can and can't call.

IMHO, people are trying to read a lot more into this ruling than what actually happened.
From what I can see, it's a simple bureaucratic SNAFU. The morons in Congress gave authorization to one alphabet agency (the FCC), but gave the funding to a different agency (the FTC). The judge really had no option other than to rule that the idiots in Congress screwed up.

Good grief, are we governed by a bunch of inept and confused simpletons or what?

84 posted on 09/24/2003 3:44:02 PM PDT by Willie Green (Go Pat Go!!!)
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To: Stefan Stackhouse
2) To be in compliance, ANY business, no matter how small, that wishes to call ANY residential number ANYWHERE in the US must pay over SEVEN THOUSAND DOLLARS A YEAR for access to the Do-Not-Call registry, even if they only need to look up an occasional number now and then; free look-up access is provided only for five area codes, which is often not enough to cover an entire state, and sometimes not even an entire metro area.

Let's cut down the hyperbole a bit.

Additional area codes beyond the first five are only $25 apiece, up to a maximum of $7,735 (for the entire US).

Anyone that is marketing to the entire US can afford ~$7K. Those needing the list for an entire state will pay a few hundred bucks (excepting the more populous states).

85 posted on 09/24/2003 3:45:03 PM PDT by justlurking
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To: scab4faa
I got rid of the pests years ago by getting call blocking through my phone company.
I now take the peace and quiet for granted, but I can easily recall the literally hundreds of times I said, "Hold on a sec", and then laid the phone down and walked away. I would sometimes forget to come back in five or ten minutes to hang up the phone and would sometimes miss (real) calls.

No more of that.
Forget the "national registry" and just call your phone company if you want to get rid of the pests.
86 posted on 09/24/2003 3:51:18 PM PDT by Lancey Howard
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To: Lancey Howard
I got rid of the pests years ago by getting call blocking through my phone company.

This can block legitimate calls, too.

My doctor's office has an explicit warning on their voicemail: you must disable anonymous call blocking because the doctor will return calls (after-hours) with his caller-ID blocked.

87 posted on 09/24/2003 4:06:01 PM PDT by justlurking
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Comment #88 Removed by Moderator

Comment #89 Removed by Moderator

To: Nathaniel Fischer
I thought my windmill story was good humor. Right over his head...
90 posted on 09/24/2003 4:17:20 PM PDT by Professional
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To: justlurking
It's no big deal for legitimate callers to get around the call block. It costs maybe 15 seconds or so. And I was surprised at how little impact call blocking had on our friends and family. Everybody gets right through, no sweat. It seems like nobody we know has their number blocked. And, as a matter of fact, our pediatrician returned our call a few weeks ago and he had no problem with the minor hassle of dealing with our call blocking. (Apparently, he had his number blocked.)
91 posted on 09/24/2003 4:31:32 PM PDT by Lancey Howard
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To: Willie Green
Good grief, are we governed by a bunch of inept and confused simpletons or what?

Some wise person said that we get the government we deserve.

Wil Rogers said "Thank God we don't get all the government we pay for."

92 posted on 09/24/2003 4:46:11 PM PDT by Cboldt
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To: Lancey Howard
You obviously figured this out, and didn't need new laws by the govt to help you. Now, let me tell you about Windotrons!
93 posted on 09/24/2003 4:55:32 PM PDT by Professional
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To: Professional
Now, let me tell you about Windotrons

I could probably add Windotrons to my current product line. (Get it?)

94 posted on 09/24/2003 5:01:10 PM PDT by Lancey Howard ("current"?)
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To: scab4faa
Another rat remnant...
Judge West was appointed U.S. District Judge for the Western District of Oklahoma in 1979 by President Jimmy Carter.
http://www.okcu.edu/law/press/nrl03020.asp

95 posted on 09/24/2003 5:03:38 PM PDT by singsong
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To: sd-joe
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.

Needed repeating...

96 posted on 09/24/2003 5:18:09 PM PDT by takenoprisoner (illegally posting on an expired tag)
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To: Stefan Stackhouse
The "im in your neighborhood, can we give you a bid on whatever home improvement" calls are just as dispicable if no more so than telemarketers. I hate the bastards!

I make a list of every call I get from any salesman of any kind and tell the caller that his call just put his company on the list of companies that I will never consider buying from under any circumstances!
97 posted on 09/24/2003 5:29:02 PM PDT by dalereed (,)
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To: Professional
Harassment is already legal, federally and on the State level. It is already illegal to call people for solicitations if they previously told you not to call. Enforcement of this may be a problem...

Centralization of the list may make enforcement easier by making it easier for citizens to seek remedy. I don't know how many times I've been asked, after saying "don't call again", whether I was interested in new windows form my house.

98 posted on 09/24/2003 8:53:40 PM PDT by Pearls Before Swine (South-south-west, south, south-east, east....)
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Comment #99 Removed by Moderator

Comment #100 Removed by Moderator


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