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ATA Files No-Call Appeal With Supreme Court

The American Teleservices Association has filed documents with the U.S. Supreme Court asking for a review of the constitutionality of the national no-call list.

Attorneys for the ATA filed a petition for writ of certiorari with the Supreme Court on May 14, according to court documents obtained by DM News. If the justices approve the writ, the court would hold a hearing on the ATA's First Amendment challenge to the no-call list.

The ATA first announced it would pursue its challenge to the Supreme Court after the U.S. 10th Circuit Court of Appeals upheld the national no-call registry in March. The Direct Marketing Association, formerly a co-plaintiff in challenging the list, ended its case at that time.

In the petition, the ATA argued that the no-call list violates free speech rights and that it unfairly exempts political and nonprofit calls. It also questions whether fees paid by telemarketers for the list represent an illegal tax on speech.

“This case is a cautionary example of what happens when federal agencies allow perceived political imperatives to override constitutional concerns,” the ATA said in the opening statement of the petition.

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