Appeals Court Rules No-Call List Is Constitutional

Share this article:
In a ruling published today, the 10th Circuit Court of Appeals found that the national no-call list passes First Amendment muster.


The ruling went against industry organizations including the American Teleservices Association and the Direct Marketing Association. Both had advanced arguments against the national list, among them that the list arbitrarily discriminated against commercial telemarketing calls while allowing nonprofit and political calling to continue.


"We hold that the do-not-call registry is a valid commercial speech regulation because it directly advances the government's important interests in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech," the court stated in its ruling. "In other words, there is a reasonable fit between the do-not-call regulations and the government's reasons for enacting them."


If the industry chooses to appeal, the U.S. Supreme Court would be asked to hear the case.


Share this article:

Sign up to our newsletters

Follow us on Twitter @dmnews

Latest Jobs:

More in News

NBA Names Insurance Exec as its CMO

NBA Names Insurance Exec as its CMO

Nationwide and State Farm veteran Pamela El takes the league's marketing helm next month.

Bloomberg Names Bigley CMO

Bloomberg Names Bigley CMO

Communications chief Deirdre Bigley is appointed head of global marketing for the business and financial news company.

2014 Essential Guide to Omnichannel Marketing

2014 Essential Guide to Omnichannel Marketing

The 2014 Essential Guide to Omnichannel Marketing‚ÄĒeverything you need to know about Omnichannel, all in one spot. Read on for insight.