Do-Not-Call List Gets OK To Proceed
Federal Appeals Court Overrules Judge
POSTED: Tuesday, October 7, 2003
UPDATED: 6:26 pm EDT October 7,
2003
DENVER -- A federal appeals court is giving a ringing endorsement to the "do-not-call" list, clearing the way for the Federal Trade Commission to enforce it.
The 10th U.S. Circuit Court of Appeals in Denver blocked U.S. District Judge Edward Nottingham's Sept. 24 order barring the FTC from putting the registry into effect.Nottingham had said the list violates the free-speech rights of the telemarketing industry. He said the government couldn't block businesses from making telemarketing calls, while allowing calls from charities. But the appeals court says that's too broad a reading of the First Amendment. The ruling says there's a "substantial government interest" in preventing "abusive and coercive" sales calls and in protecting privacy in the home. The registry, which attracted some 50 million phone numbers, went into effect Oct. 1, as the government tried to deal with the objections of the courts.Under the rules imposed by the FTC, violations of the rules for telemarketers could result in a fine of $11,000 per call. Charities, political groups, surveys and businesses that already have a relationship with those they call would be exempt from the rules. Callers were told to file complaints with the Federal Communications Commission, rather than the FTC.Telemarketers had argued the list could cut their business in half and cost a lot of jobs.
DO NOT CALL LIST |
Previous Stories:
- October 1, 2003: Telemarketing Execs Sign Up For Do-Not-Call List
- October 1, 2003: FCC Offers Telemarketer-Blocking Tips
- September 30, 2003: Government Closing Do-Not-Call Registration
- September 29, 2003: Bush Signs Do-Not-Call Law, Legal Questions Remain
- September 26, 2003: Government Fights For Do-Not Call List
- 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 This material may not be published, broadcast, rewritten or redistributed.
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