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.

[shempy]

I am in the telemarketing industry and this is not the decision that the industry wanted. This decision says the FTC lacks authorization. Big deal. They will either shift the effort to the FCC, which DOES have the authority, or congress will pass a wildly popular bill that will grant the FTC this authority.

Personally, I am eager for all this stuff to take effect. I run a 170 seat Inbound center. My center does a small amount of business to business outbound work that isn't impacted by this legislation anyway. And even if it was it wouldn't break my heart or my budget if it went away.

The short term consequences on some of the business done at our other sites is negative. But longterm, I expect that this legislation will bring more business to inbound call centers. And since that is where my passion is, I say dig it!

[jwalburg]

The local hardware store does not send reps to bang on my door, wake me up, interrupt kids' baths, ring the bell through meals or anything like telemarkers do.

[RonF]

You obviously didn't read my post way upthread (about #6, I think).

[OESY]

The Honorable Lee R. West, Senior U.S. District Judge for the Western District of Oklahoma, graduated from high school in Antlers, Okla. He earned his bachelor's degree in government from the University of Oklahoma, where he was elected to the honorary scholastic fraternity Phi Eta Sigma.

Following service in the United States Marine Corps (1952-1954), Judge West earned his Juris Doctor degree from the University of Oklahoma College of Law. He was selected by the faculty as the Outstanding Graduate of his law school class, served as editor of the Oklahoma Law Review and was named to the Order of the Coif.

Judge West engaged in private practice in Ada, Okla., until he joined the University of Oklahoma College of Law faculty in 1961. During 1962-1963 he was a Ford Foundation Fellow in Law teaching at Harvard Law School were he earned an L.L.M. degree. Judge West returned to private practice in 1963.

In 1965, Judge West was appointed by Governor Henry Bellmon to serve as District Judge for the 22nd Judicial District of Oklahoma, serving also as Special Justice of the Oklahoma Supreme Court and Court of Criminal Appeals until 1973. During this time, Judge West graduated from the National College of State Trial Judges. President Richard Nixon appointed Judge West to the Civil Aeronautics Board, Washington, D.C., in 1973. He was designated the board's Acting Chairman by President Jimmy Carter in 1977.

Judge West was appointed U.S. District Judge for the Western District of Oklahoma in 1979 by President Jimmy Carter. He served as Chief Judge of the Western District from 1993 until he took senior status in November, 1994. Since that time he has remained active, hearing cases at both the district and circuit level and serving as a settlement judge in complex and protracted cases throughout the 10th Circuit. He received the Award for Judicial Excellence from the Oklahoma Bar Association in 2000.

Judge West's life story was the subject of a recent biography, Law and Laughter, The Life of Lee West, by Bob Burke, a 1979 graduate of OCU School of Law, and the Honorable David L. Russell.

Concerned individuals may wish to share their opinion as to whether this judge fits Senator Charles Schumer's definition of "mainstream" by calling 405-609-5140/42/63 or the facsimile number: 405-609-5151.

[agrace]

LOL! My 9 month old is looking at me funny and my 2.5 year old just said HUH? because I can't stop laughing.

With great dinner theater like that, why on earth do you eat in front of the tv???

[Labyrinthos]

You obviously didn't read my post way upthread (about #6, I think).

I actually, I did read your post (No. 5) and I agree with you. I intended my post to supplement what you said, and not attack you. Sorry for not making myself clear.

[cantfindagoodscreenname]

I haven't received ONE call since I signed up on that list. And I used to get many of them every day.

[steve-b]

As I mentioned on the other thread, my understanding of the law passed last March is that it authorizes (indeed, it directs) the FTC to create the Do Not Call list.

If that's incorrect (i.e. if Congress screwed up the drafting of the statute), then I expect a corrected version to be introduced, passed, and signed by the October 1 deadline.

[Labyrinthos]

I wish someone would post the actual court decision so that we can see exactly what the court did and why.

[kjam22]

Ruling is here...
http://news.findlaw.com/cnn/docs/ftc/donotcall92303ord.pdf

20 someodd pages.

[Professional]

Actually, I did mention the "simple" things in my first post. I'll repeat them for you. Here's how you avoid being called...

To avoid getting phone calls from solicitors, make sure you opt out with any business you have a relationship, but remember, they can no longer service or sell to you as they have in the past. This would include your bank, phone co, insurance, investments, internet, cable co, etc.. Next, have your phone company provide a caller id device, a service that doesn't allow blocked calls, and then have the phone answer with a message that you don't allow solicitation calls. These are not very expensive services. On your voice mail, say that you do not accept sales calls period and not to leave a message if that is what it's about. Be careful when you fill out forms, surveys, or registrations, these are most often used for solicitation. Use initials and slight changes to your name to catch folks that may violate this. When solicitors do call, get their name and company BEFORE you tell them to remove you. Should someone violate this, forward the details to the state AG.
You may want to start by changing your phone number. Nearly everyone you want to call can be quickly contacted about your new phone number.

If you do these things, you will simply have a phone that becomes very dusty between calls from friends and family. I would know, because we have done this and the phone hardly ever rings. Every once in a while, something gets through, which I find pretty humorous. Most often it is some completely croooked outlet using a machine, vm, touch tone whatever.

[Professional]

"So.....how many boxes of software are you going to buy?

"Great! Five hundred it is!"

he he he!

[shadowman99]

You are assulting an individual who's trying to make a living. Telemarking firms are often the highest paying employers for unskilled labor in many of the cities where they set up shop. They employ lots af single moms, students, drop-outs, and second-incomers.

The people that you bitch about on welfare often times get off of walfare by getting jobs as a telemarketer.

There are many alternatives to blowing a whistle in somebodies ear. You could hang up.

Let me tell you something - I used to work as a telemarketer so trust me, I've done this - when you blow a whistle, yell, slur somebody's mom -- That telemarketer often times has all the personal information about you to truely f*ck you over. Get them angry and they will. You don't know who they are, but they know who you are.

Get a grip.

[Rodney King]

A nice warm hot dog on the end of a 22 rifle works very well in your situation.

WTF would you put a hot dog on the end of a 22 for?

[Professional]

If I wanted a larger home, a fence repair (gee if it needed repairing after such a short time why should I call the incompetents who installed it?), or a new car, I would be making my own calls at a time convenient for me.

Oh c'mon now. Those aren't the calls that you are really peeved about anyway, are they? Are those not reasonable, with the truly obnoxious being absent? Shouldn't we really, as a govt and people be more interested in the types of calls that are abusive, fraudulent, overly aggressive?

If the law can't shut down corrupt marketing, truly breaking the law, how'd we expect them to handle this far bigger project?

[kevao]

There are many alternatives to blowing a whistle in somebodies ear. You could hang up.

That telemarketer often times has all the personal information about you to truely f*ck you over. Get them angry and they will.

And what if hanging up on them pisses them off? I think it's best they just not be allowed to call me unless I register on a Please-Do-Call-Me list.

[Professional]

Simple common courtesy.

As in the tone of your reply to me? I'm presenting a different point of view to this. I feel that a lot of folks are overlooking various aspects of this LAW that are an over reach by the govt and simply not effective.

The courts, and rightly so, have found this proposal to be a POS. Is there a solution out there? Yes, but the one offered up was both illegal and stupid.

[varon]

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

Because it feels good?

[kjam22]

IF a person opts to be on the "do not call" list... he'll probably miss political calls too.

I got one the other day polling who I would vote for in the 04 presidential race. Question: Mr. Kjam22.... of what political affiliation are you? I told them democrat because then I get to answer questions about the slimy dims. Question: Mr. Kjam22... what do you think of John Kerry? UHHH He looks dead?. Question: Mr. Kjam22, who do you most like in the Democratic party? Uhhh... Al Sharpton, because I think he really cares about working people. And on and on. LOL

[Rebelbase]

Barking dogs. Dog take hot dog, Kaboom!