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Appeals Court Upholds Do-Not-Call Registry

More Than 55 Million Numbers Registered In 2003

POSTED: Tuesday, February 17, 2004
UPDATED: 4:33 pm EST February 17, 2004

A federal appeals court in Denver upheld the national do-not-call registry.

The 10th U.S. Circuit Court of Appeals rejected arguments that the list violates the free-speech rights of telemarketers.

In their decision Tuesday, the judges said the list's limits on speech are not excessive and that they're balanced by the protection of people's privacy.

The court said the registry is a "valid commercial speech regulation" because it "directly advances" the government's interest in protecting personal privacy.

The appeals court overturns a trial judge's ruling that the list was improper because it bars calls from businesses but not charities.

The do-not-call registry took effect in October. It had more than 55 million numbers by the end of 2003.

The Federal Trade Commission says the telemarketing industry has been very compliant with the new rules.

"The telemarketing industry has shown exceptional compliance with the national do-not-call registry," FTC Chairman Timothy Muris said in a statement Friday. "The do-not-call program has been highly successful in protecting consumers' privacy."

Muris said that while the agency appreciates the high rate of compliance, it is taking a hard look at the top violators. In 2003, consumers submitted 150,409 complaints about do-not-call violations.

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