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U.S. Court Blocks Anti-Telemarketing List

DirkDaring writes "Yahoo is reporting that a U.S. court in Oklahoma has blocked the national 'do not call' list that would allow consumers to stop most unwanted telephone sales calls. With around 50 million phone numbers currently signed up this could get very messy."

18 of 1,087 comments (clear)

  1. And their web address is... by chriseaves · · Score: 4, Informative

    http://www.the-dma.org/, they seem to be quite proud of themselves

    1. Re:And their web address is... by NearlyHeadless · · Score: 3, Informative

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  2. Idea not dead by ArthurDent · · Score: 4, Informative

    This will get done. The court just has a problem with how the FTC did it. I bet if Congress passed a do not call list bill there would be no problem.

  3. Re:That took real guts... by Anonymous Coward · · Score: 3, Informative
  4. A similar article with a little more by phlack · · Score: 5, Informative
    is Here

    A nice quote from that article:

    In a statement, the DMA said that while it welcomed the ruling, it "acknowledges the wishes of millions of U.S. consumers who have expressed their preferences not to receive" telemarketing solicitations.
    Gee, I guess that never occurred to them before this list was created. Now that it has occurred to them, any bets on if they'll actually respect those wishes?
  5. Judges contact info: by Stonent1 · · Score: 4, Informative

    Judge Lee R. West

    http://www.okwd.uscourts.gov/west.htm
    You know what to do.

  6. Telemarketing in OK by Isochrome · · Score: 3, Informative

    Two of the top businesses in the state are telemarketers:

    http://www.state.ok.us/osfdocs/budget/table1.pdf

    At least Walmart has more employees.

  7. Re:congressional authority by RedTyde · · Score: 4, Informative
    They did give the FTC the autority to do this:
    Lawmakers were quick to criticize 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.
  8. .pdf of the court's order by I+am+Kobayashi · · Score: 4, Informative

    I haven't had time to read it yet, but here it is: Order

    --
    --Kobayashi--
  9. Re:And their phone number is... by chriseaves · · Score: 5, Informative

    Oh, I should point out their phone numbers: President's Office -- 212.768.7277, ext. 1604 Privacy -- 212.768.7277, ext. 2408

  10. I just called his chambers... by mudshark · · Score: 3, Informative

    405-609-5140

    I spoke to a nice lady, told her the gist of my second paragraph above (redacting the personal comments) and that the judge had overstepped HIS authority. I warned her to expect a lot of calls.

    She asked me for my name and phone number....

    --
    In other news, astrophysicists have announced that they now know what all that dark matter is: it's stupidity.
  11. Re:Details of the court by Christopher_G_Lewis · · Score: 4, Informative

    OK, here you go:

    Chambers Page for The Honorable Lee R. West

    Chambers Page for
    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

  12. Re:That took real guts... by Planesdragon · · Score: 3, Informative

    Translation for those uninformed about how politics really work: He must have gotten paid really, REALLY well by the telemarketers.

    District Judges aren't really political creatures. Once they're appointed, they're there for life, and their ONLY politicking is jockying for a seat on the Apellate Circuit or the Supreme Court.

    For the uninformed about how the courts work: the Telemarketers got a very good lawyer, and got lucky.

  13. And they want you to Contact the DMA... by geekotourist · · Score: 3, Informative
    ...it is the very name of this web page. Let's see:
    • "The DMA is a membership organization." Interesting fact.
    • "We are here to help you." Good, because I need help right now- my blood pressure is up after reading this article.
    • "You can reach us by mail, phone, fax or e-mail at the following addresses:"
    And then follows a list of over 30 contacts. I wonder who could help... "Consumer assistance"? No, I never consume their products (although they try to force feed everyone) so that isn't me. Privacy? That probably goes to an overfilled voicemail. How about "Direct Marketing Educational Foundation"? That could work- I certainly think that Direct Marketing needs more education.
  14. The FCC has approved this. by Animats · · Score: 4, Informative
    The issue seems to be that Congress gave the FCC authority to set up a do-not-call list, the FCC issued rules accordingly, and the FCC agreed that the FTC would actually operate the registry. The judge ruled that this was an improper delegation. The judge did not rule that it was a First Amendment issue.

    That's either going to be overturned on appeal, or the FCC and FTC will work out some organizational way to deal with it.

    Even with the judge's ruling, the do-not-call registry should still apply to businesses directly regulated by the FCC, such as telephone companies.

  15. If Alexander Graham Bell could see us now by ch-chuck · · Score: 3, Informative

    he'd have chucked his invention in the trash and announced voice over wire, if not impossible, something not desirable. "I had this vision - once the 'telephone', as I call it, had been installed in households everywhere, becoming an essential instrument, suddenly every quack medicine peddlar would begin abusing it. Mark Twain was right, I should not have invented it".

    --
    try { do() || do_not(); } catch (JediException err) { yoda(err); }
  16. Re:Grrrrr..... by lonesome+phreak · · Score: 3, Informative

    It's the Oklahoma protectionism. We have a large amount of of call-centers here. This law would adversly affect our economy. Therefor they are going to try and block it.

    It's actually cheap to live here. I'm in Tulsa, and a $12/hr job can get you a decent apartment, car, etc. Of course this whole thing is going to collapse with the outsourcing to India...

    And yes, many Tulsans take things way too seriously. It's because we have nothing else to do!

    --
    Maybe we DID take the blue pill. You wouldn't remember anyway.
  17. No clue about cell numbers and unlisted numbers... by computerlady · · Score: 5, Informative

    I'm concerned about people who provided cell numbers and unlisted numbers to the list.

    Telemarketers have been able to download the list for some time now from donotcall.org. That means they not only have verified that your number is current but that they also have the potential to add to their call lists additional numbers they did not have before.

    The nice lady at the court office said attorney's from neither side had ever mentioned that issue and that the judge had not considered it. I asked whether it was not incumbent upon a responsible judge to educate himself as to all the ramifications of any ruling he might make, whether those issues were raised by the parties or not. I reminded her that up to 50 million people are unofficial and apparently unrepresented parties to the suit and I would think the judge should have given a little thought to protecting my privacy rights as he made his ruling.

    Congressman Tauzin's aide who is specifically taking calls re this ruling said 1) this issue isn't over - they are looking at legislation and/or challenges to the ruling and that they are moving quickly and 2) as far as she knows, no one at the legislative level has thought about the issue of unlisted numbers which might now be on that list in the hands of telemarketers. Oops. By the way, I started and ended that conversation by expressing appreciation to the Congressman for his efforts on our behalf.

    Charlie, who answered the consumer complaint phone for the FTC Southeast region, was a little confused at first as to what my concern was. As soon as he "got it," he asked to be excused for a moment. When he came back a good while later, he reported that as far as they could tell, the download was still available on the website and they were escalating the question up the chain to the national level as quickly as possible so that someone could address it pronto. Good on Charlie! Very sharp young man -- he deserves a promotion!!

    Don't you just love the level of foresight on the part of those working to "protect" our privacy? I mean, I truly do appreciate the effort, but they need to do their homework a little better.

    --
    computerlady - a brand new Slash-daughter - alone, but no longer invisible, in the /. world