A federal appeals court has ruled that the Federal Trade Commission can enforce its national do-not-call list against telemarketers. The ruling, by a three-judge panel of the U.S. Court of Appeals for the 10th Circuit, allows the FTC to fine violators up to $11,000 for each incident as it appeals a lower court decision that declared the rule unconstitutional.
Judge Edward W. Nottingham of Federal District Court in Denver ruled last month that the registry violated commercial telemarketers’ rights to free speech because it allowed charitable solicitors and political campaigns to call homes but prevented business from doing so.
“The preponderant source of the problem of invasion of privacy and abusive calls are commercial calls, which are covered by the F.T.C. rule,” the three-judge panel wrote. “The F.T.C.’s justifications of preventing abusive and coercive sales practices and protecting privacy are substantial governmental interests.”
More than 50 million telephone numbers have been registered with the FTC.
The ruling is “an important victory for American consumers,” the chairman of the commission, Timothy J. Muris, said in a statement. “We believe the rule fully satisfies the requirements of the U.S. Constitution, and we will proceed to implement and enforce the do not call registry.”.
(via Bloomberg News)
2 responses so far ↓
mike veach // Jul 15, 2004 at 11:06 am
Telemarkers Husband:”My wife gave me your number and home address. I am coming to your house and deal with you and your family!@#$%^&*()”
Oh my god! Even though I filed a police report, I still fear for my families saftey. I was at home for a short vacation. I did nothing illegal or cause anybody harm, and now my family is in jeoperdy.
Telemarketer (data king/Berkshire Getaways)called my home 9 times in three days. I scolded the telemarketer and told them to take me off the list. She took my number home and gave it to her husband. The Husband called my home and told me he had my address and was going to cause harm to me and my family. What can I do???
Becky // Oct 20, 2004 at 6:50 am
Not all telemarketers are out to get you. I would fear for my safety as well but is someone that stuck to their job they would do such a thing maybe but reality No. I would keep the report with the police but there is not much more you can do. Chill out and wait it out, no reason to get all upset over something you cannot prevent.
But like i said not all telemarketers are bad, they do have things to say and not all are bad if you listen to them they are humans too and need respect.
Later,
Becky
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