Court OKs FTC Enforcement of No-Call Registry

Share this content:
An appeals court ruled yesterday that the Federal Trade Commission can enforce the national no-call registry while the court considers whether it violates telemarketers' free-speech rights.

Enforcement of the registry, which had been scheduled to take effect Oct. 1, had been on hold since Judge Edward W. Nottingham of U.S. District Court in Denver ruled late last month that the registry violated First Amendment rights. He later told the FTC that it could face trouble if it tried to sidestep his decision by transferring enforcement of the list to the Federal Communications Commission.

"This is an important victory for American consumers," said FTC Chairman Timothy J. Muris. "We believe the rule fully satisfies the requirements of the U.S. Constitution, and we will now proceed to implement and enforce the do-not-call registry."

The 10th U.S. Circuit Court of Appeals must now decide whether the registry discriminates against telemarketers by prohibiting commercial calls while allowing political and charitable calls.

In yesterday's decision, the three-judge panel said there was a good chance that the FTC would win its appeal.

"We conclude there is a substantial likelihood that the FTC will be able to show ... that the list directly advances the government's substantial interest and is narrowly tailored," Reuters quoted the panel as saying.

Since Oct. 1 the FCC has been logging complaints from consumers about telemarketing violations. From Oct. 1 to Oct. 3 the agency said it received 1,315 complaints.


Next Article in Marketing Strategy

Sign up to our newsletters

Company of the Week

Since 1985, Melissa has helped thousands of companies clean, correct and complete contact data to better target and communicate with their customers. We offer a full spectrum of data quality solutions, including global address, phone, email, and name validation, identify verification - available for batch or real-time processes, in the Cloud or on-premise. Our service bureau provides dedupe, email/phone append and geographic/demographic append services for better targeting and insight. For direct mailers, Melissa offers easy-to-use address management/postal software, list hygiene services and 100s of specialty mailing lists - all with competitive pricing and excellent customer service.

Find out more here »

Career Center

Check out hundreds of exciting professional opportunities available on DMN's Career Center.  
Explore careers in digital marketing, sales, eCommerce, marketing communications, IT, data strategies, and much more. And don't forget to update your resume so employers can contact you privately about job opportunities.

>>Click Here

Relive the 2017 Marketing Hall of Femme

Click the image above