bobw
The Late: SuperMacMod
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. _
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. _
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. ... 
