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.

[SierraWasp]

More FEDERAL Judges for LIFE as Federal Rulers for LIFE!!!

[Kimlee]

Oh wonderful.

[D. Miles]

Alright, if they have the right of Freedom of Speech to harrass me, I have the right of whistle blowing in their ear to express my displeasure with their call!

[Dog Gone]

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.

Acknowledges, but won't respect. Perhaps they'll call me tonight and acknowledge it again.

[RonF]

Hold on, now. Just because a regulatory commission issued a regulation doesn't mean that it can legally do so. Think of all the regulations you've been GLAD to see overturned.

The issue here may simply be that this has to go though the legislature, not the executive branch. If this came before Congress as a bill, voting against it could be a career-ender.

Of course, one regulation I'd like to see would deny the option of masking one's phone number from Caller ID to anyone but a private residence. All corporate phone numbers would have to be seen via Caller ID. Once people start identifying what blocks of numbers belong to telemarketers, you could just start blocking them. That would include political solicitors, too.

[hoosierboy]

I don't see why people were for this list. Telemarketers are just like any other business. If I don't like them calling I just hang up on them. I also have caller ID so I know who is calling. What happened to conservatives for free enterprise and capitalism?

[DannyTN]

Well that's an annoyance.

I'm going to avoid passing judgement on the Judge, because he might just be right about the statutory authority. In which case we need to get the statutory authority right.

[chuckr]

why is it ok to flood my telephones, mailbox, email mailbox and fax with unsolicited junk?

[Cboldt]

Time to hire more Federal workers.

Sheesh. More than a few somebodies have too much time on their hands.

[wimpycat]

It sounds like they're saying this is more of a state matter, and I think they have a point.

[ProudFossil]

My response is not to use the whistle but to argue against their product using vulgarity, name calling, etc. In the long run it desn't change things but I generally get the caller so mad that they are ineffectual for some time. I have even had some call back to argue even more.

Such fun

[Chad Fairbanks]

Hey, I'm for free enterprise and capitalism, but that doesn't mean I want uninvited intrusions into my home. My right to be left alone in my own home trumps any right the telemarketers may have under a free enterprise system.

But maybe that's just me.

[TontoKowalski]

Ah. The Federal Judiciary working hard to make life more pleasant for us all.

[netmilsmom]

>>Telemarketers are just like any other business<<

Have you ever been harrassed by one of these people??? I've gotten calls at 9:30 at night, politely told them I am not interested then gotten return calls for the next 15 minutes. One ring at a time.
The company doing the calling has no interest in promoting the business. They are interested in volume only. That's their job.
My sister took one of these jobs for a short time after a lay off. She could not do what they wanted her to do and quit.

[michigander]

Chambers Page for The Honorable Lee R. West

[Semi Civil Servant]

I finally decided I didn't want the #@$%& telemarketers using the phone I PAY FOR to call me with their unwanted patter. I put my name on the no call list and it was supposed to go into effect October 1. I suppose they'll keep calling now.

[StriperSniper]

Well if the telemarketers were paying for my time and part of my phone bill that would be fine. I don't pay to have a phone for my use for some company to assume it's right to use it for their purposes.

[moehoward]

[evaporation-plus]

I don't see why people were for this list. Telemarketers are just like any other business. If I don't like them calling I just hang up on them.

They call you in the morning, they call you at night, they call you on sunday...... hey, IT'S MY PHONE!!!!

[Dog Gone]

I guarantee that the Federal Judge here has an unlisted number, so he's never been bothered by telemarketers.