Do-not-call registry faces tougher challenge

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The national do-not-call registry will not go into effect next week as scheduled unless federal officials can convince the courts that the list does not violate free speech rights guaranteed by the First Amendment.

The House of Representatives and Senate voted Thursday to give the Federal Trade Commission explicit authority to create the registry. Congress reacted swiftly to a federal court order Tuesday that the FTC needed a legislative mandate to create the wildly popular list.

But then later Thursday a second federal judge ruled that the do-not-call list was a violation of free speech

The White House has said President Bush will sign the new legislation into law, but the list will not go into effect Wednesday as planned unless a higher court reverses the second ruling.

In Thursday's decision, U.S. District Judge Edward Nottingham blocked the list based on telemarketers' free speech rights.

The do-not-call list applies to telemarketers but not to nonprofit organizations, politicians and pollsters.

Nottingham found that the registry "does not materially advance its interest in protecting privacy or curbing abusive telemarketing practices."

"The registry creates a burden on one type of speech based solely on its content, without a logical, coherent privacy-based or prevention-of-abuse-based reason supporting the disparate treatment of different categories of speech," Nottingham ruled.

The issue of free speech rights cannot be addressed with congressional action and must be resolved by the courts.

West determined that the FTC had overstepped its bounds in creating such a registry. In response, the House on Thursday voted 412-8 for such a mandate, and the Senate passed it 95-0.

"Fifty million Americans can't be wrong," U.S. Rep. Billy Tauzin, R-Louisiana, said Wednesday, referring to the number of phone numbers that people have signed up to block the unwanted solicitations.

You can see the whole article here:

http://www.cnn.com/2003/ALLPOLITICS/09/ ... s.no.call/
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Post 3+ Months Ago

  • UNFLUX
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I believe the telemarketing people have a right to do this, but I also
believe they should manage their own call lists. I don't think it's the
gov't's responsibility with this. This law hurts business and the economy.
My company relies on telemarketing to gain leads for mortgages, and
tons of other companies do the same.

I hate these calls, but it's easy enough to say "no thanks, remove me from your list."

( I realize I'm starting a discussion here, but I wanted to comment)
  • b_heyer
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I think the "no thanks remove me from your list" should be enforced then, any telemarketer can easily "forget" to remove you from the list. Up here in yanker's ville we have the do not call list, and we don't receive ANY telemarketting calls anymore, and it is a nice peace to the household.
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Post 3+ Months Ago

UNFLUX wrote:
I believe the telemarketing people have a right to do this, but I also
believe they should manage their own call lists. I don't think it's the
gov't's responsibility with this. This law hurts business and the economy.
My company relies on telemarketing to gain leads for mortgages, and
tons of other companies do the same.

I hate these calls, but it's easy enough to say "no thanks, remove me from your list."

( I realize I'm starting a discussion here, but I wanted to comment)


I am actually very for this national do not call list. The reason being is we get about 1-5 calls a day from telemarketers and I am constantly telling them to remove me from their master list and it seems to not be doing any good. Telemarketers make me so upset because half the time they are waking me up or calling at the most inconvenient times. To me the telemarketing business is a huge multimillion dollar business that should not have taken place. I have a phone so I can call other people and receive calls from people I know. I do not have a phone so that people can advertise their products. If this phone was free then I could see maybe it being offset with advertising, but we pay our phone bills.

Telemarketing to me is very similar to email spam. If I want people to call me to offer products I should have had to signup on the list. I shouldn't have to take the time to remove my name from all the millions of companies out there. I should have never been on their list.

What really really ticks me off with telemarketers is that they have these automated computers who call you all throughout the day and then hang up after you answer. What they are doing is testing you to see when you are home most often so that they do not waste their human resources. I find this incredibly irrating. Another thing that ticks me off is that the majority of them hide their name from the caller ID. I would appreciate if I could see who they are so I can simply not answer.

When they say they are fighting for their freedom of speech, fine, but what about my freedom to privacy? If they really have views about their product, which I doubt they do, the people calling are simply working for a company, then they should just go picket their product at an intersection, at least they aren't interfering with my privacy, my time, and my patience.
  • PluTunium
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Post 3+ Months Ago

To tell the truth, I dont give a rip if telemarketers call me, In fact, I enjoy it :twisted: It's fun to fool with them! Who doesn't like to joke with them?
  • b_heyer
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How often do you actually joke with them? One time I kept one on call waiting, and it was actually my band teacher, but I didn't like him anyways so it didn't matter.
  • UNFLUX
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Post 3+ Months Ago

WASHINGTON, Sept. 29 — While court fights continued, President Bush
on Monday signed legislation to ratify the Federal Trade Commission’s
authority to set up a national do-not-call list that could lead to fines for
telemarketers.

“THE PUBLIC IS understandably losing patience with these unwanted
phone calls, unwanted intrusions,” Bush said. “Given a choice, Americans
prefer not to receive random sales pitches at all hours of the day. The
American people should be free to restrict these calls.”

The entire article is here --
http://www.msnbc.com/news/973319.asp
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Bush is the man. Does this go in effect now? Meaning I should not be getting anymore calls?
  • RichB
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Post 3+ Months Ago

The FTC is still blocked from enforcing the rules by the court decision, but the FCC apparently is not and has decided to jump into the fray and begin enforcing it. At least according to this Yahoo News article that I was just reading.

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