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Appeals Court OKs FTC's Do-Not-Call List

GTRacer writes "The USA Today website just posted a report that the 10th Circuit Court of Appeals (Denver) has upheld the FTC's national Do Not Call registry. In their decision, the Court found the list to be 'a valid commercial speech regulation...without burdening an excessive amount of speech.' The telemarketers had challenged the constitutionality of blocking commercial free speech while allowing charities and select others to continue phone solicitation. Interestingly enough, 'Officials in the telemarketing industry did not immediately return calls seeking comment.' Isn't it now obvious these people have a double-standard when it comes to reaching out and touching someone?" The court's decision is available to read.

24 of 216 comments (clear)

  1. Such language! by ackthpt · · Score: 5, Funny
    "in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech."

    "without burdening an excessive amount of speech"? How about, "an excessive burdening of free speech"?

    Must have been one of those "C" average appointments I keep hearing about.

    'Officials in the telemarketing industry did not immediately return calls seeking comment.'

    Yeah, that's a hoot, but rest assured, their operators aren't exactly standing by on this one, they're probably lobbying like all get out.

    --

    A feeling of having made the same mistake before: Deja Foobar
  2. Great News! by mekkab · · Score: 5, Funny

    Wooooo hooooo! Chalk one up for the little guy. Now if I could just get every other 80's fan from calling my phone number (867-5309-eee-ine) I'd be a happy man!

    P.S.- no, my name is NOT jenny.

    --
    In the future, I would want to not be isolated from my friends in the Space Station.
    1. Re:Great News! by EnsignExtra · · Score: 2, Funny

      But your phone number is prime!

  3. The real irony is... by Anonymous Coward · · Score: 5, Funny

    Even when I pay Qwest to block telemarketers, THEY call me to sell me stuff.

  4. I'm not a Qwest fan by rjelks · · Score: 5, Funny

    My personal favorite was a call a got a few years ago. A qwest customer service rep. called at dinnertime to sell a new service. The new service in question... blocking telemarketers's calls. I asked her if it would block calls like hers and she told me, "No, you are our customer so we can still call you." I didn't opt for the service.

    -

  5. i know this tactic by theMerovingian · · Score: 5, Funny


    'Officials in the telemarketing industry did not immediately return calls seeking comment.'

    I bet they were just in the middle of dinner, all you have to do is try your call again at 9pm.

    --
    "If you think you have things under control, you're not going fast enough." --Mario Andretti
  6. We demand free speech! by Anonymous Coward · · Score: 1, Funny

    'Officials in the telemarketing industry did not immediately return calls seeking comment.'

    Telemarketer: We demand free speech!
    Reporters: What do you think of this ruling?
    Telemarketer: No comment...

  7. Of Course. by Anonymous Coward · · Score: 5, Funny
    "Officials in the telemarketing industry did not immediately return calls seeking comment."

    Perhaps we should call them over and over again, just to be sure. Around dinner time, and maybe again later.

    And all hours of the weekend. Definitely then.

  8. Can-Call Act by fembots · · Score: 5, Funny

    Fairly soon we'll have a Can-Call Act 2004 which allows telemarketers to call anyone as long as they identify themselves (hi, this is Mike) at the beginning of the call, and allows callees to opt-out (hang up the phone).

  9. out of order by Anonymous Coward · · Score: 5, Funny

    Either the DNC lists are working or my phone has been out of order for a while. I'd as a friend to call and check but I only know virtual people.

    1. Re:out of order by belroth · · Score: 2, Funny
      Either the DNC lists are working or my phone has been out of order for a while. I'd as a friend to call and check but I only know virtual people.

      No problem, just post your telephone number here and I'm sure it'll be tested...
      --
      I hereby inform you that I have NOT been required to provide any decryption keys.
  10. Riiinnng Riiinnng by superpulpsicle · · Score: 2, Funny

    Marketer: Hi we are a nonprofit agency.

    Guy at home: Sorry, I am on the do-no-call list

    Marketer: Yes, but we have an exceptional product which you might be interested in, in exchange for your donation.

    Guy at home: How the hell can you be nonprofit and sell shit at the same time?

    1. Re:Riiinnng Riiinnng by Tackhead · · Score: 2, Funny
      > Marketer: Hi we are a nonprofit agency.
      >
      > Guy at home: Sorry, I am on the do-no-call list
      >
      > Marketer: Yes, but we have an exceptional product which you might be interested in, in exchange for your donation.
      >
      >Guy at home: How the hell can you be nonprofit and sell shit at the same time?

      Simple! Use this price list from a representative 501(c)3 UFO cult!

      How do you get to be a 501(c)3 UFO cult? You DDOS the IRS with "individual" subpoenas, and if you've got enough dirt on enough politicians, the IRS caves.

  11. no fun by xot · · Score: 4, Funny

    I work for an outsourced Telemarketing company and i can tell you the DNC lists are NO fun at all to manage!
    And now that its got wide coverage , everyone we call wants to be or has applied to be on the FTC's list.All this is besides the numerous state lists that are maintained by all the states.

    --
    Lord of the Binges.
    1. Re:no fun by lrucker · · Score: 5, Funny
      I work for an outsourced Telemarketing company

      You're involved in outsourcing and telemarketing - and you expect sympathy here?

  12. Re:Why not - with so many loopholes? by melquiades · · Score: 2, Funny

    "In theory, there is no difference between theory and practice."

    (A favorite quote of mine -- someone had to say it!)

  13. Does that mean by holzp · · Score: 5, Funny

    we can expect a Do-Not-Slashdot list to follow?

  14. The UK's seems to work by DrSkwid · · Score: 5, Funny


    I registered on the UK's do not call list (a list that's not exactly advertised)

    http://www.tpsonline.org.uk

    I was totally fed up with the weekly telesales calls.

    I registered in September 2002. I've had the letter on my desk ever since, ready to complain.

    It was not until today (nice synchronicity) that I got my first sales call.

    The sales drone thought I was pretty interested in the call, asking for their address and telephone number and the exact nature of the 'wonderful special offer'. Of course, what I was doing was getting the drone to tell me the details required to fill in the online complaint form.

    She sounded genuinely shocked when I said "Thank you, I feel it is only fair to inform you that you are in breach of the Telecommunications (Data Protection & Privacy) Regulations 1999 and as such have just been reported to the TPS".

    hehe well worth the wait :)

    --
    There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
    1. Re:The UK's seems to work by jonblaze · · Score: 3, Funny

      She sounded genuinely shocked when I said "Thank you, I feel it is only fair to inform you that you are in breach of the Telecommunications (Data Protection & Privacy) Regulations 1999 and as such have just been reported to the TPS".

      You did put a cover sheet on your TPS Report, right? Didn't you get that memo?

  15. Re:Why not - with so many loopholes? by mcpkaaos · · Score: 2, Funny

    but doesn't mention the name of the company so I can't report them

    So report them based on whatever contact information the recording left in the message. Unless none was mentioned?

    "Hi, you just won a vacation to Cancun! We just thought you'd like to know. Thank you!" *Click*

    --
    It goes from God, to Jerry, to me.
  16. Re:Free Speach unlimited commercial speach by Anonymous Coward · · Score: 1, Funny

    I am exercising my right to free speech to inform you that "speach" is not a word.

    This has been a friendly public service announcement brought to you by the spelling nazis.

  17. Re:Another name for "do not call": by MrHim · · Score: 2, Funny

    The problem is that it costs $2 a month (for Verizon, at least). My conversation went something like this:

    verizon: listing is free
    me: I don't want to be listed
    verizon: that's an extra charge of $2/mo
    me: you're charging me $2/mo for you NOT to do something?
    verizon: yes. listing is free
    me: you keep saying that like its a good thing.
    verizon: yes sir. What would you like to do?
    me: How does my name appear when it's listed?
    verizon: First initial and then last name.
    me: OK. Fine. Listed.
    verizon: What is your first name?
    me: "Q" .. no, wait... "X"


    Now when telemarketers call and ask for Mr. Him, I ask "which one"? At least 1 a week answers "X".

  18. Re:Another name for "do not call": by Trejkaz · · Score: 2, Funny

    If they let me customise the name it appears as in the book, I would have used Hugh Jass, or Eyemer Etard.

    --
    Karma: It's all a bunch of tree-huggin' hippy crap!
  19. DNC? We don't need no stinkin' DNC... by finelinebob · · Score: 2, Funny


    Man, with all this Primary crap, the Democratic National Committee is definately calling too many people. I'm glad they finally have a list of people to call, and I'm glad I'm not on it!