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   U.S. Court Blocks Anti-Telemarketing List

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Topic: U.S. Court Blocks Anti-Telemarketing List (Read 153 times)

Rhune
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U.S. Court Blocks Anti-Telemarketing List
« on: Sep 24^th, 2003, 11:29am »

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U.S. Court Blocks Anti-Telemarketing List
16 minutes ago

WASHINGTON (Reuters) - A federal court in Oklahoma has blocked the national "do not call" list that would allow consumers to stop most unwanted telephone sales calls, one week before it was due to take effect.

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 a court decision filed late on Tuesday.

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

The Direct Marketing Association sued to block the list shortly after Congress approved it in January, saying it would violate free-speech laws and discriminate against an industry that provides millions of jobs.

"The Direct Marketing Association and its fellow plaintiffs are grateful that the federal District Court in Oklahoma City understood and upheld the industry's belief that the Federal Trade Commission does not have authority to implement and enforce a national do-not-call list," the trade group said in a press release.

An FTC official declined to comment until the agency had a chance to examine the ruling.

"We're received it, and we're reviewing it," FTC spokeswoman Cathy MacFarlane said.

Lawmakers were quick to criticize the court's decision, arguing that they had given the FTC the authority to implement the list.

"We are confident this ruling will be overturned and the nearly 50 million Americans who have signed up for the do-not-call list will remain free from unwanted telemarketing calls in the privacy of their own homes," Reps. Billy Tauzin and John Dingell said in a statement.

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Rhune
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Re: U.S. Court Blocks Anti-Telemarketing List
« Reply #1 on: Sep 29^th, 2003, 10:03am »

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WASHINGTON (AP) -- President Bush says he will sign a bill to set up the national do-not-call registry, but his action does little to keep telemarketers off the phone lines.

Court actions in Oklahoma and Colorado mean telemarketers can keep dialing even after Bush signs legislation to ratify the Federal Trade Commission's authority to establish the no-call list, which has swelled to more than 50 million home and cellular numbers.

After a bewildering week of court reversals and breakneck congressional action, the FTC said its anti-telemarketing service scheduled to take effect Wednesday has been placed on hold.

"We'll ultimately have a national do-not-call registry," FTC Commissioner Timothy Muris said Sunday on CNN. He urged patience from Americans eager for the service, which is intended to block about 80 percent of telemarketing calls.

U.S. District Judge Lee R. West ruled Tuesday in Oklahoma City that the FTC lacks authority to run the registry. That prompted Congress to quickly pass a bill clarifying the agency's role.

Bush planned to sign the measure at a White House ceremony Monday afternoon.

U.S. District Judge Edward W. Nottingham ruled in Denver on Thursday the do-not-call list is unconstitutional on free-speech grounds because it applies to calls from businesses but not charities.

"We believe that the judge is wrong," the FTC's Muris said. "It'll eventually be reversed. We're hopeful that we'll get a stay of the lower court judge's ruling, but if we don't we'll ultimately prevail."

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