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Court Blocks "do not call list"

  Author:  26573  Category:(News) Created:(9/24/2003 10:07:00 AM)
This post has been Viewed (1466 times)

NEW YORK (CNN/Money) - A federal court has blocked the national "do not call" list meant to allow consumers to stop unwanted telephone sales calls.

In a ruling filed Tuesday, the District Court in Oklahoma City said the FTC acted without statutory authority in creating and implementing the national do-no-call list.

"The rulemaking process requires an agency to fairly apprise interested parties of all significant subjects and issues involved, so that they can participate in the process," the court paper said. The court said it ruled in favor of the plaintiffs' claims that "that portion of the final amended rule that pertains to the national 'do-not-call' registry is invalid."

The FTC has signed up some 50 million phone numbers for the list, which was due to take effect 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 the telemarketing industry, which employs millions of people.

"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 group said Wednesday in a statement.

An FTC official declined to comment until the agency has a chance to examine the ruling. "We've received it, and we're reviewing it," FTC spokeswoman Cathy MacFarlane said, according to Reuters.

Lawmakers criticized 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, Reuters reported.

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Replies:      
Date: 9/24/2003 10:13:00 AM  From Authorid: 10722    I think the members in that federal court should be fired. (or beaten by a mob armed with bats.)  
Date: 9/24/2003 10:15:00 AM  ( From Author ) From Authorid: 26573    Or tied up and have telemarketers deliver their sales pitch all day!!  
Date: 9/24/2003 10:19:00 AM  From Authorid: 59163    and after that made that snazzy logo.....  
Date: 9/24/2003 10:27:00 AM  From Authorid: 943    It's my choice to be on the list, though.  
Date: 9/24/2003 10:55:00 AM  From Authorid: 44850    if anyone wanted to write to the courts regarding their decision, here is their contact info .... The Honorable Lee R. West
Senior United States District Judge
Western District of Oklahoma

U.S. Courthouse
200 N.W. Fourth St. Oklahoma City, OK 73102
Rm 3001, Courtroom 303, Third Floor
Chambers Telephone: 405-609-5140
Chambers Facsimile: 405-609-5151
  
Date: 9/24/2003 11:16:00 AM  From Authorid: 2030    Ah but cursing and screaming at telemarketers that call me is such a fine stress reliever.  
Date: 9/24/2003 11:25:00 AM  From Authorid: 53961    So this explains why they are still pestering me!!! I thought it was because it was suppose to start Oct. 1. Wonderful! Coming from one with health issues who, at times, has a hard time getting to the phone fast enough only to find it is one of those companies! ARGH!  
Date: 9/24/2003 11:55:00 AM  From Authorid: 13283    What an idiot judge ! Telemarketers have no right to harass us . I answer the phone and those darn people CANNOT understand what NO means . They always call when I am eating and they annoy the heck out of me ! Razzy aka  
Date: 9/24/2003 12:12:00 PM  From Authorid: 62344    I love listening to peoples sales pitch. I never buy its just fun to play along  
Date: 9/24/2003 1:24:00 PM  From Authorid: 6358    Wow how ridiculous!  
Date: 9/24/2003 1:53:00 PM  From Authorid: 62289    curse them ALL!!!!GRAHHHHHHHHHHHHHH -the 13th magus  
Date: 9/24/2003 2:48:00 PM  From Authorid: 48809    It is my choice not to be bothered by people who do not know how to take "NO"! for an answer. Just be sure that anyone who calls you on the phone to ""Hawk their wares" doesn't make a sale!  
Date: 9/24/2003 3:20:00 PM  From Authorid: 53284    Over fifty million people signed up for the do not call list. Now, one person, a judge has decided that the other 50 million people must have been mistaken and that they really do want to be called, particularly at dinner time. What kind of idiot is that judge?  
Date: 9/24/2003 3:27:00 PM  From Authorid: 62250    I think that I woundn't sign the list, I mean when thereye gonna call anyway why give them the advantage.  
Date: 9/24/2003 5:38:00 PM  From Authorid: 27046    I wonder if this has an effect on the NYS No-call which was sending this global. We have had it here for at least 3 years and I haven't been bothered by one single telemarketer since my name was on the very first list. To overturn something that has been in existance for 3 years would be pathetic. However I understand where this judge is coming from in regards to hearing the other side. If I was calling your house and you obtained materials that say I can't through a court system and I will be fined or jailed if I call. I should have the right to be notified and be able to plead my case in court to be allowed to call. That is essentially what they are doing. There will be some lawyer to represent the telemarketers and both sides will plead their case. All this is, is allowing the other side to have their right to "due process" so to speak. Most likely when all parties are before a judge, they will favor the registry and it will start again.  
Date: 9/24/2003 6:29:00 PM  From Authorid: 53961    If my caller ID says "Unavailable" I don't answer it. I also have it set to where you can't leave a message if you show up as "Unavailable".  
Date: 9/24/2003 7:03:00 PM  From Authorid: 36967    This is NOT what our founding fathers meant by Freedom of Speech.  
Date: 9/24/2003 7:56:00 PM  From Authorid: 26227    I should have sighned up for that list. Now they are going to call me even more now since there are 50 million less numbers to call  
Date: 9/24/2003 8:18:00 PM  From Authorid: 1225    Holy crud! Con't we have one aspect of life not saturated with ads and sales pitches? They have billboards and tv/radio commercials, they have signs on trains, busses (bus stops! Even the Cable Cars here in San Fran!) they have signs in taxicabs and on just about every other surface in public view! Why, oh why can't we have sanctuary from salespeople in the privacy of our own ding-dang-diddly-doggon homes?!?!  
Date: 9/24/2003 9:15:00 PM  From Authorid: 53961    What about OUR rights? I am so sick of loosing my rights to these groups who are constantly taking them away!  
Date: 9/25/2003 8:01:00 PM  From Authorid: 1225    Read this: "Judge who sided with telemarketers is flooded with calls from angry consumers

JULIE E. BISBEE, Associated Press Writer Thursday, September 25, 2003

--------------------------------------------------------------------------------


(09-25) 12:45 PDT OKLAHOMA CITY (AP) --

U.S. District Judge Lee R. West's telephone has not stopped ringing since he sided with telemarketers seeking to block a popular national do-not-call list.

Egged on by talk show hosts and angry Web sites, people have flooded West's office and home with calls and faxes, apparently trying to show him why they wanted to ban unsolicited sales calls.

"They are just calling to tie up our lines," said Rick Wade, operations manager at the district clerk's office. "They just keep calling to harass us, like the telemarketers harass them, I guess."

The phones at the federal courthouse were jammed Thursday morning and voicemail boxes were stuffed with messages blasting West's ruling that the Federal Trade Commission lacked authority to create and operate the registry.

West's home and office telephone numbers were posted on the Internet, and consumers angry with the ruling were encouraged to call. Calls by The Associated Press to West's home seeking comment were blocked by busy signals.

The ruling even made late-night television talk show host Jay Leno's monologue Wednesday night.

"The judge says the telemarketers can call you whenever they want," Leno said. "You know what we should do? Let's all call this judge tonight at home during dinner."

West did please some businesses with his ruling Tuesday. Telemarketers say the list would devastate their industry and lead to the loss of thousands of jobs.

Rick Ratliff, president of U.S. Security, Inc., one of the plaintiffs in a lawsuit challenging the list, said his company laid off half of its 600 employees because of restrictions on telemarketing.

"U.S. Security does not sell anything over the phone," he said. "We simply ask for the opportunity to tell someone about the lifesaving benefits of our security and fire systems in a face-to-face meeting."

The do-not-call registry appears that it will go forward after all. The House approved legislation Thursday intended to ensure the list goes into effect next week. After less than an hour of debate, which included potshots at West from both parties, House members voted 412-8 to approve the bill"

  
Date: 9/26/2003 1:08:00 AM  From Authorid: 26598    well, how about the 50million people make repeated unwanted calls to the Direct Marketing Association at all hours of the day and night. Thats what they do to poeple and call it "free speach".  
Date: 9/26/2003 8:37:00 PM  From Authorid: 62289    im going to tell them to shuf it nex time thay call ME
  

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