Federal court rules against FTC no-call list

CBS MarketWatch.com ^ | 9/24/2003 | William L. Watts

[SierraWasp]

11:29AM Federal court rules against FTC no-call list by William L. Watts

WASHINGTON (CBS.MW) -- A federal judge in Oklahoma City ruled that the Federal Trade Commission didn't have authority to implement a popular do-not-call list shielding consumers from telemarketing calls, the Direct Marketing Association said. The court reportedly found that statutory jurisdiction for such a list rested with the Federal Communications Commission rather than the FTC. The DMA, a trade group representing telemarketers, brought the suit. In a statement, the organization said it "acknowledges the wishes of millions of U.S. consumers who have expressed their preferences not to receive" telemarketing solicitations. The DMA said it would work with the FTC and the FCC to "evaluate the practical implications" of the judge's decision, which was issued Tuesday.

[Professional]

After 18 months, they were somehow magically not your customer anymore. In some businesses, repeat business can be several years after the fact.

Should a realtor that worked for you 4 years ago not be allowed to call you wondering if you'd consider a bigger home? How about a contractor that did your fence 8 years ago calling about coming out for a free estimate to fix or replace warn parts of the fence? How about the car dealership that sold you a car 6 years ago, wondering if you'd like to test the new model?

Are those not reasonable "solicitation" calls?

[Tiki_Bar]

Well, let's say you're a client of a brokerage firm. How am I supposed to stay in touch with you? Wouldn't it even be illegal for me to call and ask you? If you do business with phone company x, shouldn't they be able to call you and offer you new services, or discounts on calling plans that they know you'd benefit from? I had my phone company call me and inform me about a plan that fit my needs, I saved money and was happy to hear from them. As I said before, you have the ability to curtail these calls by just using some common sense. Involving the govt into this was a ploy to gain far reaching power that would have dramatically effected American business.

If I am doing business with a company they can send me the wonderful offer WITH THEIR BILL and include a phone number if I want to discuss it further. What a lame excuse... by the way what is your phone number? Don't worry about the jobs in India and Pakistan...

[TontoKowalski]

I just feel we live in a nanny state already, and this is just one more program the federal government controls. I don't need the feds to take care of me, I can take care of myself.

I share your disappointment with the nanny state. However, this law allowed citizens who wanted to be left alone to voluntarily sign up, all on their own initiative, for the privilege of being left alone. No one was coerced or bought off to get on DNC.

Those that object to the concept of the DNC didn't have to do a thing to have their own lives chug along as they always have.

Like you, I don't need the feds to take care of me, but if they provide me a little bit of peace and quiet with my family at the end of a long day at work, then it's one of the few useful things they've done for me lately.

[NittanyLion]

Should a realtor that worked for you 4 years ago not be allowed to call you wondering if you'd consider a bigger home? How about a contractor that did your fence 8 years ago calling about coming out for a free estimate to fix or replace warn parts of the fence? How about the car dealership that sold you a car 6 years ago, wondering if you'd like to test the new model?

In the event I need a new house, fence or car, I know where to find one. I don't need annoying calls asking me to purchase things I don't want or need.

[Professional]

Ok tech genius. I've got 6,000 names in my computer system. It includes clients, prospects, my do not call list, vendors, internal support, etc..

Now I'd like you to take my list and screen it against 4 different area codes. Then, I'd like you to opt back in the DNC numbers that are exempt, my clients and parent co, delete out the parent companies opt out program.

Please do so for not only me, but 300 others, every quarter, in a cost efficient responsive manner with 100% accuracy.

Please tell me which software program has million number capability? Act doesn't, Access doesn't, Goldmine doesn't, Excell can't......

[Orangedog]

He also suggested sending your junk mail back to the company that sent it to you in the postage paid envelope provided.

I do this regularly along with a note telling them that I'll bankrupt them one letter at a time if they keep sending me that crap through the mail. It doesn't stop the junk mail, but it feels good.

[Professional]

So, my examples are annoying to you. I'd think that those would be pretty legitimate reasons for a call. I'd say that you've raised the bar to a very high and unreasonable level. I'd say that whatever you do for a living would be greatly affected by your standard.

Why don't we just make it illegal to converse with people period?

Most people don't realize that a lot of goods and services are priced extremely affordable today because of the ability of a company to expand it's goods and services to that client. Eliminating the ease of doing business would in some cases do away with things you like, and do away with others.

[TontoKowalski]

He also suggested sending your junk mail back to the company that sent it to you in the postage paid envelope provided.

I do this sometimes with a violently scrawled note:

STOP SENDING THIS S*#& TO MY HOUSE!!!

It's very therapeutic.

[Chad Fairbanks]

Well, a little duct tape can go a long way to ensuring a quiet nigt with no dogs barking ;0)

[Professional]

My point, and I'm not surprised folks disagree, is that govt had NO right to become the arbitrator of this.

The financial consequences of this thing actually having gone through would have been truly massive.

If you don't want to be called, just do some fairly simple things and problem will be solved.

I'll tell you one consequence for SURE. If this had gone through, your mailbox would have needed SUPER sizing!

[NotJustAnotherPrettyFace]

How about the "don't call me, I'll call you" concept? I'd proactively call all those people IF I needed their services.

[steve-b]

Technology today is not capable of enforcing, monitoring, screening the information.

The assertion that modern technology is not up to the task of comparing a dialed number with a (that's one, single, solitary) DNC list and refusing to make the call if a match is found is preposterous on its face.

[steve-b]

Lie down until the urge to rant and babble goes away.

[NittanyLion]

So, my examples are annoying to you.

Yep. I'm perfectly capable of seeking our vendors when I need a good or service.

I'd think that those would be pretty legitimate reasons for a call.

Wrong.

I'd say that you've raised the bar to a very high and unreasonable level.

Wrong again.

I'd say that whatever you do for a living would be greatly affected by your standard.

This is starting to get habit-forming...

[NotJustAnotherPrettyFace]

Trap a skunk, and release it in your neighbor's back yard ;-).

[Tiki_Bar]

It's the will of the people for this to be enacted. There will still be plenty of households not on the list to be bombarded.

Hang on, this ruling will be overturned.

[steve-b]

Should a realtor that worked for you 4 years ago not be allowed to call you wondering if you'd consider a bigger home? How about a contractor that did your fence 8 years ago calling about coming out for a free estimate to fix or replace warn parts of the fence? How about the car dealership that sold you a car 6 years ago, wondering if you'd like to test the new model?

No, any more than buying a bag of chips authorizes the grocery store to pester me whenever one of the sales drones takes it into his head.

[vollmond]

I would say that those weren't reasonable calls. They are all made for the purpose of generating additional sales, and weren't requested by the former customer.

[NittanyLion]

Ok tech genius. I've got 6,000 names in my computer system. It includes clients, prospects, my do not call list, vendors, internal support, etc..

You need do nothing more than reference the index field. If a certain phone# is present both in your list and the DNC list, do not call it. Else, feel free to call.

Not terribly complicated...

[Professional]

Yes, and the govt was going to keep you nice and safe from all those nasty telemarketers. They had no other agenda, potential gain from it at all...

If this had gone through, I assure you that the direct unemployment, then the related unemployment, would have created an effect on the economy that you simply could not imagine. If telemarketing doesn't work, then folks wouldn't do it. People like being offered products, services, solutions, that they need.