Judge blocks Do-Not-Call List

[Sandal16]

(I say we all get this judge's home number and call him at dinner time!)

A federal judge has ruled that the Federal Trade Commission overstepped its authority in creating the national "do-not-call" list against telemarketers.

The ruling came in a lawsuit brought by telemarketers who challenged the list of 50 million people who submitted their telephone numbers and said they do not want to receive business solicitation calls. The immediate impact of Tuesday's ruling U.S. District Judge Lee R. West was not clear. He did not issue an order directing an action by the FTC.

The list was to go into effect Oct. 1.
House Energy and Commerce Committee Chairman Billy Tauzin, R-La., and Rep. John Dingell, D-Mich., said Wednesday they were confident the ruling would be overturned.

"Contrary to the court's decision, we firmly believe Congress gave the FTC authority to implement the national do-not-call list," they said in a joint statement. "We will continue to monitor the situation and will take whatever legislative action is necessary to ensure consumers can stop intrusive calls from unwanted telemarketers."

Direct Marketing Association, one of the plaintiffs, said it was happy with the ruling, even though it "acknowledges the wishes of millions of U.S. consumers who have expressed their preferences not to receive telephone-marketing solicitations-- as evidenced by the millions of phone numbers registered on the FTC list." Calls to the FTC were not immediately returned Wednesday.

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. 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.


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[hmsram]

I cant beleive this .... Looks like we are going to be dealing with the nagging calls forever now

Having an unlisted number does not help either.

It seems they always call at dinner time and when you tell them no they just keep on and on till you have to hang up... Or they get really rude.

[JenniferC]

I can't believe the judge. I don't even respond to the unknown caller calls on the caller id. I just pick up the phone and hang it up. They're just too pushy for me.

[chippers21]

Oh well. That just means I get to try out more ways to annoy the telemarketers. LOL

[MrsLisaP]

The judge is from Oklahoma, sure makes me sad to be an Oklahoman today.

I am mixed on this, I hate telemarketers, but also hate to see all of them out of a job. I am on the state list and it has really made my calls go down, from maybe 4-5 a night to 1 or 2 a month if that.

[AndersonGal]

Yeap, the telemarketers said it was their right to call us.
BS!

You mean I don't have the right to say who may call and bother me or not?
I thought this would also be good to keep down the amount of fraud especially with the elderly being the victims. I hope they don't think I'll still be polite when they call. Nope, I may learn how to cuss like a sailor.

[kolie565]

I rarely get a call from them but now when I do I'm gonna take my phone,while they are rambling on, turn on the radio to a rap station and lay the phone by the speaker and let them have a nice long & loud listen. Oops sorry for busting your ear drum. What did you say? You can't hear me. So long sucker. hehe

Maybe if we get evil they will stop.

And I don't care if its their job. I think it's harrasment. Get a website and offer freebies. I'll listen then. LOL


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[eldo]

Did you hear about what columnist Dave Barry did?! WTG, Dave!

From the Associated Press:

TELEMARKETERS GETTING, NOT MAKING, CALLS AFTER DAVE BARRY COLUMN

Telemarketers are now screening their calls, instead of the other way around.

The American Teleservices Association isn't laughing at Dave Barry, not after the Pulitzer Prize-winning humor columnist for The Miami Herald listed the group's telephone number in his Aug. 31 column and sparked a flood of phone calls to the group's offices.

Barry told his readers to call and "tell them what you think."

"I'm sure they'd love to hear your constitutionally protected views! Be sure to wipe your mouthpiece afterward," Barry wrote.

Thousands of Barry's readers have done as they were told, forcing the association to stop answering its phones. Callers now hear a recording, which says that because of "overwhelming positive response to recent media events, we are unable to take your call at this time."

"It's difficult not to see some malice in Mr. Barry's intent," said Tim Searcy, executive director of the ATA, who said the added calls will be costly to his group because of toll charges and staffing issues.

Barry hardly sounded apologetic.

"I feel just terrible, especially if they were eating or anything," he said. "They have phones like the rest of us have phones. Their attitude seems to be if you have a phone, people are allowed to call you."

ATA officials have said about 2 million of the 6.5 million people working at telemarketing call centers across the nation will lose their jobs because of the rules that established the nationwide "Do Not Call" list.

Barry also attacked that logic in the same column.

"Of course, you could use pretty much the same reasoning to argue that laws against mugging cause unemployment among muggers," he wrote. "But that would be unfair. Muggers rarely intrude into your home."


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[freesurfer]

I can't believe this!! I say we call his house too!! LOL!!

[Nightowl69]

yeah let's call his house,we'll take turns

[Shainie]

A radio station here gave out the Judge's office number, but this voice mailbox was full. lol Go figure.

I just don't answer "unknown callers" that show up on my caller ID. If it's someone important, they'll leave a message.


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[tlspiegel -Closed]

Update:

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[MrsLisaP]

Even though they had the 412-8 vote today, I think that it will get caught up in red tape....

If the bill passes both chambers and is signed into law by President Bush, that does not automatically nullify the court order. West, the Oklahoma City judge must still dismiss the case brought by telemarketers in order for the list to move ahead. It sounds like he is going to stick to his guns on this one.

[MrsLisaP]

By the way, his office is recieving a lot of calls, but likehe said on our news tonight he doesn't personally take his calls, they either go to his voice mail which his workers listen to, or his workers answer the phone. I wouldn't call, just puts more stress on his workers and they didn't do anything!

Now there is another judge in on it.

U.S. District Judge Edward W. Nottingham in Denver blocked the list late Thursday, handing another victory to telemarketers who argued the national registry is unconstitutional and will devastate their industry.

His decision came shortly after the House and Senate voted overwhelmingly for a bill making clear that the Federal Trade Commission has the power to enforce the ''do-not-call'' list. The legislation was prompted by an earlier ruling by a federal judge in Oklahoma City who said the FTC lacked the power to create and operate the registry.


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[AndersonGal]

Post the numbers if you have them!

If his workers get annoyed maybe he'll understand how we have felt for years getting up during our dinner or being bothered in the evening. I've had many calls after I have gone to bed for the night. Why, if he can't even answer a phone on his own, is he allowed to make this kind of judgement?

Too much government, telling us what we can & can't do.