This summer, the Federal Trade Commission offered an answer topeople struggling with numerous telemarketing calls by instatingthe National Do-Not-Call Registry, which made it illegal fortelemarketers to call anyone enrolled in the registry.
But on Sept. 25, the U.S. District Court in Denver outlawed theregistry by saying the provisions violate the First Amendment ofthe U.S. Constitution.
The FTC established the nationwide call list to allow consumersthe opportunity to reduce the number of unwanted phone calls.Although the registry was announced in December 2002, it was notput into effect until June 27, when it received a great number ofregisters over the first few days.
If the registry were able to go into effect, there would be amaximum fine of $11,000 per telemarketing call that violates theprovisions under the FTC, said Mitch Katz, public relationsspecialist with the FTC.
Over 50 million people signed the FTC list, which allowed peopleto sign up online.
The list prohibits solicitation before 8 a.m. or after 9 p.m.and requires telemarketers to provide their name, organization andphone number or address.
"Since Oct. 1 was the date set for the registry to go intoeffect, and the Denver court overruled it on Sept. 25, it neverreally had a chance to operate," said Dan Rumelt, spokesperson forthe Federal Communications Commission (FCC).
Katz said the list applies to all telemarketers covered underthe FTC provisions but does not include charities or politicalorganizations.
The FCC is not under the same limitations as the FTC, Rumeltsaid, but neither organization can currently use the Do-Not-CallList because of the court decision in Denver.
"The next step is to wait for the Appeals Court to impose a stayon the District Court ruling," Katz said.
Many telemarketers use out-of-area phone numbers whilesoliciting so their telephone number is not visible on calleridentification machines, but Rumelt said under new rules beginningJan 29, 2004, they can no longer block the numbers.
The reactions to the idea that the Do-Not-Call List violatesfree speech have been mixed, but most people seem to think a venueto curb the number of unwanted phone calls they receive ispositive.
"I think the Do-Not-Call List is a good thing to enforce," saidBrandy Woolfolk, University of Memphis junior public relationsmajor. "Some people could say it is prohibiting speech, but it(telemarketing) is also a form of solicitation and people have theright to not want something in their own house."
