Re: [Sndbox] Court Rules Against Do Not Call List

[Greg Hopper]

So Congress needs to set it up then?   ----- Original Message ----- From: Charles To: 'The Sandbox Discussion List' Sent: Wednesday, September 24, 2003 3:02 PM Subject: RE: [Sndbox] Court Rules Against Do Not Call List Well what the court is saying is that the FTC didn’t have the authority to do it.  People have forgotten these regulatory agencies don’t have the authority to make law, only congress can do that.    Charles Mims http://www.the-sandbox.org   From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] On Behalf Of Jen -- Sent: Wednesday, September 24, 2003 4:57 PM To: The Sandbox Discussion List Subject: Re: [Sndbox] Court Rules Against Do Not Call List   I figured it wouldnt last, but I do  not understand how consumers saying they dont want someone calling them is against "the rules". ----- Original Message ----- From: Charles To: 'The Sandbox Discussion List' Sent: Wednesday, September 24, 2003 10:47 AM Subject: RE: [Sndbox] Court Rules Against Do Not Call List   I expected that.   Charles Mims http://www.the-sandbox.org   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. ________________________________ Changes to your subscription (unsubs, nomail, digest) can be made by going to http://sandboxmail.net/mailman/listinfo/sndbox_sandboxmail.net ________________________________ Changes to your subscription (unsubs, nomail, digest) can be made by going to http://sandboxmail.net/mailman/listinfo/sndbox_sandboxmail.net

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