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Telemarketing Law to be Signed by President
posted by md on Monday September 29, @05:26AM
from the Right-back-atcha dept.
News The battle over Congress's ability to regulate unsolicited telephone marketing messages has been a back and forth to challenge some of the greatest tennis matches of all time. A federal district court judge in Oklahoma initially ruled last week that the federal "Do Not Call" list, which allows consumers to nationally opt-out of telemarketing campaigns, was an unconstitutional extension of the Federal Trade Commission's power. After that move, Congress quickly authorized the FTC's ability to create the list. It is this action which is to be signed into law by President Bush today.

However, another telemarketer challenge to the Do Not Call is based on constitutional free speech issues. In particular, the list is challenged because it prohibits businesses but not charities. Meanwhile, several states have enacted their own Do Not Call laws, which have already been implemented.

The Do Not Call list's legal challenges should be a major indicator of what the outcome will be for SPAM legislation that seeks to define what SPAM is an who has the power to do limit it.

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    Telemarketing Law to be Signed by President | Login/Create an Account | Top | 1 comments | Search Discussion
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    Another list for charities? (Score:1)
    by TFBW on Monday September 29, @08:15AM (#1306)
    User #844 Info | http://www.nutters.org/user/famous

    Assuming that "business" and "charity" is a sufficient classification scheme for telemarketing, wouldn't it make sense to produce a second DNC list? That way, people can specify the class(es) of telemarketers by which they do not wish to be contacted. I envisage that the restrictions would apply to telemarketing businesses operating on behalf of charities, rather than the charities themselves, but scrupulous charities which make their own calls would do well to follow such a list voluntarily, if it existed.

    And of course the telemarketers will fight it tooth and nail: their primary target market is "people who can't say no". Get that demographic on the phone and you've made the sale, if you're pushy enough. The DNC list offers those poor suckers a defensive measure. Oh, calamity.

    The pontification continues at Nutters.org [nutters.org].

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

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