DMA Upset With Ruling in North Dakota

The Direct Marketing Association said yesterday it was disappointed in a ruling by the North Dakota Supreme Court that upheld a state law prohibiting political calls made by automated dialing systems with prerecorded messages.

The court rejected an argument that the Telephone Consumer Protection Act of 1991 preempts North Dakota rules as they apply to interstate calls, according to the DMA.

Jerry Cerasale, DMA senior vice president for government affairs, said the decision seemed inconsistent with a February ruling by a U.S. District Court in California, which held that the California fax-ban law as it applied to interstate faxes was preempted by federal telemarketing and fax laws.

The DMA said it supports federal preemption by the national do-not-call list and other regulations governing telephone and fax marketing.

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