Court foils 'Do Not Call' measure

A week before it was due to take effect, the FTC's Do Not Call list, which would allow consumers to stop most unwanted phone sales calls, is blocked by an Oklahoma federal court.

Reuters

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Oct. 24, 2003 12:00 p.m. PT

2 min read

A federal court in Oklahoma has blocked the national "do not call" list that would allow consumers to stop most unwanted telephone sales calls, one week before it was due to take effect.

The U.S. District Court in Oklahoma City said the Federal Trade Commission overstepped its authority when it set up the popular anti-telemarketing measure, according to a court decision filed late Tuesday.

The FTC has signed up some 50 million phone numbers for the list, which was due to take effect on Oct. 1.

The Direct Marketing Association sued to block the list shortly after Congress approved it in January, saying it would violate free-speech laws and discriminate against an industry that provides millions of jobs.

"The Direct Marketing Association and its fellow plaintiffs are grateful that the federal District Court in Oklahoma City understood and upheld the industry's belief that the Federal Trade Commission does not have authority to implement and enforce a national do-not-call list," the trade group said in a press release.

An FTC official declined to comment until the agency had a chance to examine the ruling. "We're received it, and we're reviewing it," FTC spokeswoman Cathy MacFarlane said.

Lawmakers were quick to criticize the court's decision, arguing that they had given the FTC the authority to implement the list.

"We are confident this ruling will be overturned and the nearly 50 million Americans who have signed up for the do-not-call list will remain free from unwanted telemarketing calls in the privacy of their own homes," Reps. Billy Tauzin, R-La., and John Dingell, D-Mich., said in a statement.