The government does have the right to help consumers protect their homes against unwanted telemarketing calls, ruled a federal appeals court on Tuesday.
The United States Court of Appeals for the Tenth Circuit ruled that national do-not-call list does not violate First Amendment rights. “The challenged regulations do not hinder any business’ ability to contact consumers by other means, such as through direct mailings or other forms of advertising,” the ruling said.
“The national do-not-call registry offers consumers a tool with which they can protect their homes against intrusions that Congress has determined to be particularly invasive,” the court wrote in the decision. “Just as a consumer can avoid door-to-door peddlers by placing a ‘No Solicitation’ sign in his or her front yard, the do-not-call registry lets consumers avoid unwanted sales pitches that invade the home via telephone, if they choose to do so.”
The Direct Marketing Association said the industry will follow the law and continue using the national do-not-call registry.
“Regardless of where we go from here, we will follow the law and hold steady to the pledge we made to consumers when the do-not-call list was in legal limbo last fall: Our industry will respect the wishes of consumers who have placed their household telephone numbers on the do-not-call list,” said H. Robert Wientzen, president & CEO, The DMA.
The Federal Trade Commission said in a statement that, “the Tenth Circuit’s ruling represents a major victory for American consumers. In upholding the constitutionality of the National Do Not Call Registry, the court has made it clear that the FTC and FCC can and will continue to protect consumers’ privacy at home.”.
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Why not keep this do-not-call list active. It helps on the privacy issue. I have been burdened with junk mail calls. I hate it when people call and not talk on the fone or you have to talk to a computer who calls the number.
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