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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."
Or the DMA has its hand in his pocket. I don't always assume that's the case, but it's always a possibility.
I do NOT agree with the court, but from a judicial stand point I think he's looking at the legality of one agency imposing rules that is not it's job.
I agree with the DNC List, but the judge is probably right that it should have come out of the FCC.
I know the government sucks when it comes to effiency but hopefully the FCC can just pick up and run with the FTC's program.
J
Abiit, excessit, evasit, erupit.
I went here to the FTC site on rulemaking re: telemarketing calls, and it looks to my eye like this is authorized by existing legislation. Also, I read this on the Telemarketing Sales Rule (Amended) and how it derives from Telephone Consumer Protection Act (TCPA).
I guess this is just a case of the court being overly cautious here, but I fail to see how this is a restraint on Free Speech, since (a) the speech we are talking about here falls into the "commercial" category (b) it is "speech" directed into people's private homes without their authorization, permission or any expectation that they want to be bothered with it. Free Speech doesn't mean the freedom to yell your speech into my ear whenever you feel like it.
The problem with this assumption is that Congress created the FCC and the FTC. Congress defines the roles of these organizations. Congress picked the FTC to create the Do Not Call List. So I don't understand your assertion that the FCC should have done it. The Justice system has no Constitutional right to overrule the Congress on which agency should perform a function.
Before someone posts his phone number, I'd just like to remind everyone: You do NOT fuck with judges. Harrassing a judge, ESPECIALLY about a legal judgement he made, will get you into some SERIOUS shit. A good portion of our legal system is designed to protect itself and its human components, especially court justices.
Be careful.
-Hentai [in vita non pacem est]
Don't call the judge. Don't call his chambers. Federal judges are generally very honest, bright, and fair people who follow what they see as the law. I've read the opinion. He applied precedent to the facts as he perceived them. His opinion was that the FTC was not authorized by Congress to take this step. You may disagree, but his reading of the law was well within the boundaries of reasonable interpretation. He quite properly did NOT take into account what 50 million people thought, or whether he might get lots of annoyed calls. His job is to apply the law, and he did his job. Now: if you disagree, the very best thing to do is to tell your congressperson. They pass the laws that authorize the FTC to act; all they need to do is pass on that authorizes the FTC to institute a national Do Not Call list and it's over for the telemarketers. This decision would no longer stand in the way. DON'T call the judge and make our side look as bad as the telemarketers.