Government Fights For Do-Not Call List
POSTED: Friday, September 26, 2003
The Federal Trade Commission plans to fight a federal judge's ruling against its anti-telemarketer registry. Meanwhile, a group representing telemarketers said its members will observe the list.The judge ruled Thursday that the do-not-call list -- which was scheduled to go into effect next week -- violates free-speech rights because it doesn't apply equally to all kinds of speech. It blocks commercial telemarketing calls but not calls from charities.FTC Chairman Timothy Muris said he doesn't believe "that our Constitution dictates such an illogical result."
Muris said that if the Judge Edward Nottingham's reasoning were applied elsewhere, it would cripple the more than two dozen state do-not-call lists that already block many telemarketing calls.Nottingham said the rules put "a content-based limitation on what the consumer may ban from his home ... thereby entangling the government in deciding what speech consumers should hear."Elsewhere, the president of the Direct Marketing Association said he's telling his members not to call people who have put their names on the list. He said that, so far, everybody is going along.Congress moved quickly Thursday to overwhelmingly approve a bill making clear that the Federal Trade Commission has the power to enforce the do-not-call list. The measure was prompted by a ruling from a federal judge in Oklahoma City who said the FTC lacked the power to create and operate the registry.
DO NOT CALL LIST |
Judge Flooded With Calls
Phones at the office of Oklahoma Federal Judge Lee West rang off the hook after his initial ruling against the list.People flooded West's office and home with angry calls and faxes, making it clear they're not happy with his decision.It didn't help that West's home and office telephone numbers were posted on the Internet. Calls by The Associated Press to West's home seeking comment were blocked by busy signals.The ruling also made television talk show host Jay Leno's monologue. Leno joked that viewers should call West at home during dinner. Previous Stories:
- September 25, 2003: Second Judge Rules Against 'Do-Not-Call' Effort
- September 24, 2003: Court Stops National Do-Not-Call List
Distributed by Internet Broadcasting Systems, Inc. The Associated Press contributed to this report. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
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