I expected
that.
From:
[EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Jen --
Sent: Wednesday, September 24,
2003 4:41 PM
To: The Sandbox Discussion List
Subject: [Sndbox] Court Rules
Against Do Not Call List
CBS/AP) A federal
judge has ruled that the Federal Trade Commission overstepped its authority in
creating a national do-not-call list against telemarketers.
The ruling came in a lawsuit brought by telemarketers who challenged the list,
comprised of names of people who do not want to receive business solicitation
calls. The immediate impact of Tuesday's ruling was not clear.
The list was to go into effect Oct. 1. Some 41.7 million people have signed up.
U.S. District Judge Lee R. West sided in favor of the plaintiffs, U.S.
Security, Chartered Benefit Services Inc., Global Contact Services Inc.,
InfoCision Management Corp. and Direct Marketing Association Inc.
The judge found that Congress had never given the FTC specific authority to
create such a list or enforce penalties against violators.
Under a 1991 law, the FTC was allowed to create a list of people who did not
wish to receive telephone solicitations. A separate 1994 law called on the FTC
to prohibit abusive or deceptive telephone solicitations. The judge essentially
ruled that the authority in the second law does not apply to the list in the
first one.
The telemarketing industry estimates that the do-not-call list could cut its
business in half, costing it up to $50 billion in sales each year.
More than a dozen states with do-not-call lists plan to add their lists to the
national registry this summer, the FTC said.
Telemarketers would have to check the list every three months to see who doesn't
want to be called. Those who call listed people could be fined up to $11,000
for each violation.
Consumers had until the end of August to add their phone numbers to the list.
K. Dane Snowden, chief of the Federal Communications Commission's consumer and
government affairs bureau, said those who signed up for the do-not-call list
after the deadline likely would have to wait until early next year before calls
are blocked.
The Federal Trade Commission is administering the list, while both the FCC and
FTC are enforcing it. The list has proven extremely popular with consumers.
"Individuals want to have some control over the telephone calls coming to
their homes every single day," Snowden said.
In addition, telemarketing calls by Jan. 1 must carry a name and phone number
that will show up on Caller ID, Snowden said. Such calls often now only say
"out of area."
The FTC has estimated that the list will block about 80 percent of
telemarketing calls. Charities, pollsters and political campaigns are exempt.
In addition, a company may call a person if he or she has bought, leased or
rented from the firm in the previous 18 months or has inquired about or applied
for something during the past three months.
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