DMA Opts Out of No-Call Appeal

Citing consumer wishes, the Direct Marketing Association said yesterday that it no longer would pursue legal actions against the national no-call list.

The DMA announcement came on the same day that the American Teleservices Association announced that it would ask the Supreme Court to review a 10th Circuit Court of Appeals ruling in February that upheld the constitutionality of the national list. Though it had been a party to lawsuits against the no-call list in lower courts, the DMA will not join the ATA in the Supreme Court case.

Consultations with legal counsel and parts of its membership in the teleservices industry led to the decision, H. Robert Wientzen, president/CEO of the DMA, said in a statement. The DMA will work with the Federal Trade Commission and Federal Communications Commission to resolve issues with the list.

“The telephone marketing industry remains committed to respecting the wishes of those who have placed their household telephone numbers on the do-not-call list,” Wientzen said. “Consumers must come first. We will listen to consumers.”

The ATA does not expect the DMA's decision not to appeal to the Supreme Court to affect its case, said Tim Searcy, executive director of the ATA.

“It won't make a material difference,” Searcy said. “The strength of our case has always been the First Amendment.”

In a statement, Federal Trade Commission chairman Timothy Muris said that the agency was confident that the 10th Circuit decision would be upheld.

“The court's decision recognizes the right of consumers to choose to be free of disruptive telemarketing calls,” Muris said.

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