Do not call' list blocked by court

bobw · #1 September 24th, 2003, 01:11 PM

http://money.cnn.com

Do not call' list blocked by court

U.S. court rules FTC overstepped its authority when it set up the list to block telemarketing calls.
September 24, 2003: 12:49 PM EDT

NEW YORK (CNN/Money) - A federal court has blocked the national "do not call" list meant to allow consumers to stop unwanted telephone sales calls.

In a ruling filed Tuesday, the District Court in Oklahoma City said the FTC acted without statutory authority in creating and implementing the national do-no-call list.

"The rulemaking process requires an agency to fairly apprise interested parties of all significant subjects and issues involved, so that they can participate in the process," the court paper said. The court said it ruled in favor of the plaintiffs' claims that "that portion of the final amended rule that pertains to the national 'do-not-call' registry is invalid."

The FTC has signed up some 50 million phone numbers for the list, which was due to take effect Oct. 1.

The Direct Marketing Association sued to block the list shortly after Congress approved it in January, saying it would violate free speech laws and discriminate against the telemarketing industry, which employs millions of people.

"The Direct Marketing Association and its fellow plaintiffs are grateful that the Federal District Court in Oklahoma City understood and upheld the industry's belief that the Federal Trade Commission does not have authority to implement and enforce a national do-not-call list," the group said Wednesday in a statement.

An FTC official declined to comment until the agency has a chance to examine the ruling. "We've received it, and we're reviewing it," FTC spokeswoman Cathy MacFarlane said, according to Reuters.

Lawmakers criticized the court's decision, arguing that they had given the FTC the authority to implement the list.

"We are confident this ruling will be overturned and the nearly 50 million Americans who have signed up for the do-not-call list will remain free from unwanted telemarketing calls in the privacy of their own homes," Reps. Billy Tauzin and John Dingell said in a statement, Reuters reported. _

**Giaguara** · #2 September 24th, 2003, 06:49 PM

Free speech? Is telephone spam = free speech? Maybe if I ask the credit card number and tell them I start to charge 8 $ / minute for being spammed my number will be left free very soon. ...

Arden · #3 September 24th, 2003, 08:59 PM

Telemarketing done right does not involve phone spamming. 50 million people, I think, outweight one company's desire to market to people. If they don't like the list, they should find a way to market legally.

**mdnky** · #4 September 25th, 2003, 04:31 AM

Don't worry, it'll be reinstated. Congress has already said they're going to pass legislation which will give the FCC authority to do this, or handle it on their own.

I can tell you from living in KY (one of the first DNC list places) that it's a welcomed change. So nice and peaceful, relaxing even. And I know personally of two companies who have had hefty fines placed for violating KY's DNC law...

As far as the free speech thing, it doesn't apply. My phone is my personal property, and I have the right to regulate who calls me and for what. I also have the right to listen to what I want, and avoid what I don't. Anything being pitched falls under what I don't, as is the case with a clear majority of people in the US.

A friend of mine had an interesting way of dealing with telemarketers...he'd thow stuff back at them. Sound like a hillbilly, beating his dog and screaming at the kids for various outrageous things (throwing dog feces, etc.). Or just play really stupid and ask every conceivable dumb question he could think of, wasting their time since they wasted his.

And yes, telemarketing is nothing more than spam. They're both unwanted sales pitches. The only difference is the delivery methods.

**Giaguara** · #5 September 25th, 2003, 05:19 AM

Or once I get a spam call I could try to start to sell THEM something? Calls to mobile annoy really. Fixed phone incoming calls are free, those to mobile aren't... "Please give me your credit card number, card issuer, exact name as on the card, expiracy date, bank who issued .. this call is being charged 8 $ / minute, plus sales tax."

Arden · #6 September 26th, 2003, 01:55 AM

No no, say this the next time somebody tries to sell you something online: "Yes, I'd like to order a large pepperoni pizza and a side of breadsticks to go, please. Do you know how long that will take to be delivered?" Then keep treating them as if they were a pizza parlor.

**mdnky** · #7 September 27th, 2003, 08:07 PM

Quote:

Originally posted by Giaguara
Or once I get a spam call I could try to start to sell THEM something? Calls to mobile annoy really. Fixed phone incoming calls are free, those to mobile aren't... "Please give me your credit card number, card issuer, exact name as on the card, expiracy date, bank who issued .. this call is being charged 8 $ / minute, plus sales tax."

Ouch...that might work. I can't complain on my mobile though, as I get unlimited free incoming calls, gotta love NEXTEL.