Appeals court upholds do not call list

iVillage Member
Registered: 03-23-2003
Appeals court upholds do not call list
3
Tue, 02-17-2004 - 7:28pm

 Way Too HappyBow Down Before You Terrific Great Yes Thumbs Up High Five I think you can probably tell that I'm ecstatic about this!


http://seattlepi.nwsource.com/national/apus_story.asp?category=1110&slug=Do%20Not%20Call


Tuesday, February 17, 2004 · Last updated 3:26 p.m. PT


Appeals court upholds do not call list


By STEVEN K. PAULSON
ASSOCIATED PRESS WRITER


DENVER -- Handing a victory to consumers who loathe telemarketers, a federal appeals court Tuesday upheld the popular do-not-call registry, dismissing claims it violates free speech rights and is unfair to business.


The 10th U.S. Circuit Court of Appeals called the registry of more than 56 million phone numbers a reasonable attempt by government to safeguard personal privacy and reduce "the danger of telemarketing abuse."


"Just as a consumer can avoid door-to-door peddlers by placing a 'No Solicitation' sign in his or her front yard, the do-not-call registry lets consumers avoid unwanted sales pitches that invade the home via telephone," the court said. "We are convinced that the First Amendment does not prevent the government from giving consumers this option."


Telemarketing officials say they expect 2 million of their 6.5 million workers to lose their jobs within two years if the do-not-call rules stand.


Tim Searcy, executive director of the American Teleservices Association trade group, said he was disappointed but not surprised, predicting the case would ultimately have to be resolved by the Supreme Court.


The Direct Marketing Association said the industry will follow the law while it considers whether to appeal.


"Our industry will respect the wishes of consumers who have placed their household telephone numbers on the do-not-call list," association president H. Robert Wientzen said.


Michael Powell, chairman of the Federal Communications Commission, called the decision a triumph for consumers. His counterpart at the Federal Trade Commission, Timothy Muris, said he was "pleased that this popular program, like America's dinner hour, will not be interrupted."


The appeals court overturned U.S. District Judge Edward Nottingham of Denver, who said the registry, which took effect in October, violated free-speech rights by barring calls from businesses but not charities and political organizations.


"As a general rule, the First Amendment does not require that the government regulate all aspects of a problem before it can make progress on any front," the appeals court said. The court said there was also no evidence suggesting charitable or political callers were as troublesome.


The court consolidated the appeal of Nottingham's decision with two related challenges - a case brought against the Federal Communications Commission by Denver telemarketers and the FTC's appeal of a ruling in Oklahoma that said the agency had no authority to create and enforce the list.


It was Nottingham's ruling that had been closely watched because of the constitutional issues involved. His decision had threatened to cripple the FTC's ability to fully punish telemarketers and keep it from sharing information about the list, hindering the FCC from enforcing it.


The FTC also had to stop providing the list to telemarketers, meaning they were free to call listed numbers without fear of reprisal. The appeals court had put Nottingham's ruling on hold pending its decision.


People can register numbers or file complaints at www.donotcall.gov or by calling 1-888-382-1222. Companies that call numbers on the list face fines of up to $11,000 for each violation.


---


Associated Press Writer Jonathan Salant contributed to this report.


---


On the Net:


Federal Trade Commission: http://www.ftc.gov






iVillage Member
Registered: 03-18-2000
Wed, 02-18-2004 - 10:43am
Yay!!! That is great news!

 


Photobucket&nbs

iVillage Member
Registered: 03-26-2003
Wed, 02-18-2004 - 11:00am
I agree.

Hey....look....the courts and the government actually did something good for a change.

iVillage Member
Registered: 03-18-2000
Wed, 02-18-2004 - 11:31am
Wonders never cease!

 


Photobucket&nbs