Posted on 09/24/2003 8:47:38 AM PDT by 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.
Got a phone number for this twit, anyone? Let's all call at dinnertime to express our feelings about federal judges ruling against the will of the people.
Because you use your cell as a main number, right? Just wait until the telebastards start calling you all day on the cell number.
No it wouldn't. There are exceptions for existing business relationships -- if they are current clients, you are free to call them on matters related to that business. Now, if you were calling them up to offer them a magazine subscription that a subsidary publishes, that's more likely to be prohibited under the regualtion.
Two wrongs don't make a right. Being abusive to folks is not exactly a good character trait. Chances are that one of your relatives, friends, or neighbors does some sort of business over the telephone. Is that how you'd want to treat them?
I agree that telephone soliciting has become a very real problem in this country. There are a small handful of outfits that are extremely abusive with this method of doing business. That said, there are remedies to this problem that don't need the govt's involvement.
I like to tell them they have the wrong number.
If you are doing business with them you can call. Do you not understand the regulation? If they are a client of your brokerage firm, they have accounts and are doing business with you. I'm doing business with my local phone company every month. They can legally call to sell me upgrades or ehnancements.
Yes, President Bush would be BASHED unmercifully!!!
I share your profession and am glad you expressed you insightful point of view on this thread.
However... I am in contempt of courts that over-ride the will of the people around actual elections before they can even vote!!! There was an "election" being made here by millions that didn't require a ballot, on a question not initiated through any "due process!"
I despise "government by whim," whether instituted by unelected Federal regulators, or Federal Judges For LIFE!!!
CA already had it's own DNC list & huge fines that created "DOUBLE JEOPARDY!"
No, make theft of other people's phone lines illegal.
The DNC list would have made it illegal for me to call my clients if they hadn't done business with me within 18 months.
Well, then, make sure you touch base every 18 months to be sure they still want to hear from you. Duh.
What if I called a wrong number
The law has always recognized lack of criminal intent as a defense.
The free market was doing a fantastic, and profitable job, of fighting unwanted telephone solicitation.
The reason matters came to this is precisely the telepests' refusal to accept free market solutions. For instance, they started configuring their call systems to defeat "TeleZapper" devices (which, IMO, should have been illegal in and of itself, just like picking a lock in order to trespass into somebody's house).
Funny how the DNC also allowed for certain exemptions. It exempted charities, polling companies, and politicians.
That is the one flaw in the concept -- your private property right to your own phone line should apply against all intruders.
The govt tried to ram this down Americas throat and at the same time not prepare business, legit or not, any way to actually monitor or prepare for this.
BS. Businesses were given three months before the Do Not Call list went into effect.
Should the DNC list have gone into effect, the true beauty would have been realized by the left, MASSIVE unemployment. Overnight, pink slips well in excess of 1 MILLION people would have been delivered, 2 million according to the head of the telemarketing association.
If you believe those numbers, then you might be interested in an opportunity I've heard about to get a 10% cut from the former president of the Democratic People's Republic of Kleptrocria.
America says it hates telemarketing. Well, the numbers don't bear that out.
Fifty million signups to the Do Not Call list bear it out beyond your poor ability to add or detract.
The telephone is the cheapest and most effective way, by FAR, to build many businesses. Let me tell you, there would be no telemarketing if it didn't produce results.
Burglary is the cheapest and most effective way, by FAR, to obtain consumer electronic equipment. Let me tell you, there would be no burglars if it didn't produce results.
If you don't want to be solicited, there are long lists of ways to stop it from happening.
Again, the fact that telemarketers kept getting around previous attempts by phone owners to be left alone is the reason the Do Not Call list was finally adopted.
Opt out at your banks, brokerage firms, mutual fund companies, phone companies, etc. for starters. If someone calls that you don't want, simply tell them that you want to be on their do not call list (this IS enforcable not only federally but in many states regardless of the DNC list).
First, it is absurd and unacceptable to expect me to individually "opt out" from each of the millions of telepests who might take it into their heads to call me. It is as if physical property were required to carry 250 million individual "NO TRESPASSING" signs, each addressed to a single citizen of the United States.
Second, even if individual "opt out" were acceptable, telepests have adopted various tactics to avoid it. They use Clintonian parsing (e.g. if you say "Take me off your list", they interpret it as a request to be removed from their "do not call" list), they hang up before you finish the sentence directing them to quit calling, they pretend to have suddenly forgotten the English language -- anything to avoid their obligations under the (pre-DNC-list) law.
Have your phone company provide you with caller id and the do not solicit message (not expensive at all).
Why on earth should I pay for that? It's as if a trespasser ignored my "NO TRESPASSING" sign (equivalent to a Do Not Call listing) and argued that if I really wanted to keep him out then I should have installed a full security system.
Lastly, be VERY very careful when signing up for things. Magazines, internet sites, surveys, and all sorts of things are meant to collect data on you so it can be shared or sold. These firms can be very tricky wiht their language and in the case of the internet, switch your settings should you miss a field.
This is the first sensible statement you've made.
18 months, and they can no longer be contacted? Some investment customers don't make purchases for years, can take several years for investments to mature, or need change. SOme business have very long natural lapses between recurring business. And the govt is supposed to decide?
Additionally, the loopholes in this thing were a mile wide! Politicians, pollers, charities, and companies that only called intrastate were exempt. You don't think that the worst of the offenders would have restructured to adapt?
Post your home phone number so we can call you and tell you we do not want you to call us, and maybe see if you would like to buy some pills that will increase your penis size.
Will the damage done to the Republic by this peanut-brain never end?
Not convenient, but required by the limitations of the power of the agencies. Those organizations are not regulated by the FTC or FCC. The original regulations exempted FCC-regulated companies because the FTC had jurisdiction to do so until the FCC approved a similar regulation that added those companies to the FTC list.
A poor analogy. Those commercials pay for the programming itself - last I checked no telemarketing firm is kicking in for its share of my phone bill.
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