Do-Not Call List

[Timber Loftis]

Remember that Do-Not Call list? Well, it seems all we may have done is give them a database of 50 million names to call. The list has been stopped by a court:

Today's NY Times:
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September 24, 2003
Court Blocks Do-Not-Call List
By REUTERS


ASHINGTON(Reuters) - A federal court in Oklahoma has blocked the national "do not call" list that would allow consumers to stop most unwanted telephone sales calls, one week before it was due to take effect.

The U.S. District Court in Oklahoma City said the Federal Trade Commission overstepped its authority when it set up the popular anti-telemarketing measure, according to a court decision filed late Tuesday. The FTC has signed up some 50 million phone numbers for the list, which was due to take effect on 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 an industry that provides millions of jobs.

"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 trade group said in a press release.

An FTC official declined to comment until the agency had a chance to examine the ruling.

"We're received it, and we're reviewing it," FTC spokeswoman Cathy MacFarlane said.

Lawmakers were quick to criticize 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.
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The text of the court's RULING contains an interesting history of attempts to protect consumers from telemarketers over the years.

[ 09-24-2003, 01:11 PM: Message edited by: Timber Loftis ]

[Larry_OHF]

I can sum up my thoughts in a single, incomprehensible "@$#!^#$$%@#$%^&)^@*$%^#%!O(^&@"

[ 09-24-2003, 01:56 PM: Message edited by: Larry_OHF ]

[harleyquinn]

I wonder how this will affect the State level lists, though?
Well, my response will be when ever I get one of those calls, I'll ask them who they represent. I'll then take note of it and write to that company and tell them that I will never do business with them and I will tell everyone I know not to do business with them since they have decided to use telemarketing.
It's one thing when it's a company I already do business with (it's still annoying, but I can understand it better), but all those others, sorry, you've now cost yourself any future business with me and everyone I know.
Maybe if enough people do that they'll finally take the hint.

[Black Baron]

I wish we had such a list.
But on the other hand, i always ask "what is the meaning of life" to the simian that calls me in a vain attempt to sell me a twenty year's old vacuum cleaner. Out of 20 only one answered 42. i had a good time in all other 19 calls. hehehe :devil

[Timber Loftis]

Your New York State list should be fine, Harley. The court's ruling was based on the fact that the FTC acted beyond the scope of what power Congress had given it. Now, had the FCC passed the measure, things would be different.

So, as the holding was not based on any constitutional claims but rather on the administrative procedure concerns, it knocked out THIS (federal) regulation but not others -- like New York State's list.

[Chewbacca]

I heard on the news that congress is going to act swiftly to enact legislation in order for the no-call list to go forward. Cheerio!!!

[shadowhound]

I have a foghorn next to the phone especially for these people

"Hello this is Bob from XYZ industries and we are selling the new XYZ spoons cheap for today only"
*Shadow whispers quietly into the phone*
"Pardon?"
*Whispers again*
"Can you repeat that?"
*Shadow presses foghorn against mouthpiece and presses button*
*Shadow listens to cursing on other side of phone*
*Shadow hangs up*

[img]smile.gif[/img] [img]smile.gif[/img]

[Skunk]

Bizarre - the law should be the other way around.

It should be illegal to make 'cold-call' sales phone calls to anyone - and create a list of numbers for those who do want to be pestered.

[Luvian]

Originally posted by shadowhound: I have a foghorn next to the phone especially for these people "Hello this is Bob from XYZ industries and we are selling the new XYZ spoons cheap for today only" *Shadow whispers quietly into the phone* "Pardon?" *Whispers again* "Can you repeat that?" *Shadow presses foghorn against mouthpiece and presses button* *Shadow listens to cursing on other side of phone* *Shadow hangs up* [img]smile.gif[/img] [img]smile.gif[/img]

HAHA! I have to try that!

[Chewbacca]

Originally posted by Skunk: Bizarre - the law should be the other way around. It should be illegal to make 'cold-call' sales phone calls to anyone - and create a list of numbers for those who do want to be pestered.

The telemarketers argue it is their free-speech first amendment right to make unsolicited sales calls.