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.

[TomGuy]

If I don't like them calling I just hang up on them.

Because it is an intrusion into one's privacy.

Your response is about as ridiculous as saying: If you don't want a pickpocket getting your money out of your pocket, don't put your money in your pocket.

You may now return to your telemarketing business. Thank you for your time.

[azhenfud]

"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 the DMA.

The FTC had signed up some 50 million phone numbers for the list, which was due to take effect on Oct. 1."

One court overstepping 50 million. It's time to take the court to task....

[TontoKowalski]

I signed up for this no-call list right away. I resented private business using my time and property to pimp merchandise and services that I don't want.

I take it that's not a problem for you. Would you feel differently if a private enterprise set up a tent sale on your front lawn, without your consent or without even providing prior notice?

I don't see the difference between the two.

[Protagoras]

What happened to conservatives for free enterprise and capitalism?

I don't think that is the proper context for this problem.

If I can make money by shining a light in your window at night or blaring ads at high decibles at your house would that be OK because it's free enterprise?

And capitalism has nothing whatsoever to do with the question. It is a word that describes a system of ownership of property.

[Beck_isright]

No problem. I found a phone service which will not allow mass telemarketing calls and is cheaper than the baby bells anyways. I have yet to receive one call from a telemarketer in the 3 months I've used the service.

[RogueIsland]

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?

Try giving every salesman in the nation a key to your house. You can always ask them to leave if you don't what their product.

[Blue Screen of Death]

I don't see why people were for this list.

I am getting sick of apologists for the telemarketing scum. If you don't care, don't put your number on a list. Many of us do not want the phone ringing, do not want to play silly word games with a telemarketer, or blow a whistle in their ear. We just want the phones and phone lines we pay for left for our use and our use alone and do not want some jerk invading our homes with their crap. Understand now?

[agrace]

OK, this makes me pretty cranky. So much for the will of the people.

[RJL]

Perhaps we can let the court know how we feel by calling them at 405-609-5000. Be sure and call frequently, preferably at mealtimes when they are short-handed.

[johnb838]

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

Actually, I DID handle my problem at the state level (Texas), and I get less than 5 calls a month.

[tm22721]

What happened to conservatives for free enterprise and capitalism?

NIMBY

BUMP

[DannyTN]

"I don't see why people were for this list."

You can hang no solitation signs if door to door salesmen become a problem. Without this list, there is no way to put a no solicitation sign on your phone number.

It's the intrusive nature of telemarketing. Who wants to spend every minute of their home life hanging up on telemarketers. Give us a way to tell them not to even call.

[Trailerpark Badass]

What happened to conservatives for free enterprise and capitalism?

What happened to conservatives for private property rights? I should be able to enjoy the tranquility of my home without having to constantly defend it against unwanted intrusions into my property.

[Libertarianize the GOP]

Now the Government can make a fortune selling the list.

[tahiti]

"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."

Implementation of "regulation(s)" takes money from those who are regulated.

Justice Stevens, in a concurring opinion, Nixon v Shrink, 2000, states,

"...I make one simple point. Money is property;"

Regulations are inacted and implemented for the public use.

Amendment V

"...nor shall private property be taken for public use without just compensation."

Such a regulation you propose would be unconstitutional unless a corresponding tax was imposed to collect the appropriate amount of revenue needed to compensate the private property owners for the taking of their property for public use.

[Cooter]

So, the FTC should just transfer the list to the FCC.

[johnb838]

every minute of their home life

THis is the crux of the biscuit. It wasn't so bad back in the old days until the last ten years or so when it's gotten to where they will call 8-10 times per day. Also, so many of the pitches are not on the level and these telemarketers have used the phone to bilk people, many of them elderly, out of millions of dollars.

[bankwalker]

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

I don't want to listen to my neighbor's dogs barking all the time either, but there ain't a stinkin' thing I can do about it. Telemarketers, barking dogs, boom boxes...no wonder some people go off the deep end. I hate my neighbors and their barking dogs. There ya go, ya got me started now...GGRRRRRR

[unixfox]

Can anyone get the home phone number for this judge? I think I'll give him a ringy dingy, and pass out the number to a few friends. 8-)