info on the "do not call list"

[bodypilot90 0]

http://www.foxnews.com/story/0,2933,98271,00.html

House Passes Bill to Protect Do-Not-Call List







Thursday , September 25, 2003

WASHINGTON — U.S. House lawmakers acted quickly Thursday to overturn an Oklahoma court's ruling blocking the "Do-Not-Call List," (search) overwhelmingly passing a bill that would ensure the free government service goes into effect as scheduled next week.





The Senate is expected to follow suit almost immediately.

A winning consumer issue, lawmakers voted 412-8 Thursday to give the Federal Trade Commission (search) full power to enforce a list of people's phone numbers that telemarketers are not allowed to call when they dial their sales pitches. Violators are fined up to $11,000 per call.

The Do-Not-Call list is expected to take effect Oct. 1. Fifty million phone numbers have been registered since the FTC began taking numbers this summer.

A flood of congressional proposals defending the list came only hours after an announcement Wednesday that a federal judge in Oklahoma City had ruled the FTC overstepped its authority by creating the registry. In his ruling, U.S. District Judge Lee R. West ruled Tuesday that the Federal Communications Commission (search), not the FTC, has the authority to oversee a national do-not-call registry.

The judge added that recently adopted rules that allowed the FTC to create such a list were invalid. But he did not issue an order directing the FTC to stop the list.

"Protecting telemarketers under the First Amendment is like protecting the class bully who insists that it is his first amendment right to harass all the other children in class," said Mark Steven Kirk, R-Ill., before the vote. "I think the judge in this case has wondered if the Congress has been clear in this case. Well, Congress is going to be blisteringly clear."

Several House members said the issue is not one about First Amendment rights because individuals — particularly in their own homes — have no obligation to listen.

Lawmakers themselves said they have been badgered by telemarketers and disliked the hard-sell tactics.

Rep. Billy Tauzin, R-La., chairman of the House Energy and Commerce Committee, who introduced the bill, said that he hung up on an ambassador's wife when he thought she was a telemarketer. Sen. Ted Stevens, R-Alaska, sponsored the Senate version that gives the FTC explicit authority to create and operate the list.

The measures are expected to pass overwhelmingly. The White House expressed its satisfaction with the quick pace of action in Congress.

"We support congressional efforts that would ensure timely implementation of the do-not-call registry," White House Press Secretary Scott McClellan said without committing President Bush's signature to the bill. "These are telemarketing calls that are intrusive, annoying and all too common."

Telemarketers who sued to block the list stopped short of declaring victory after West's ruling because of uncertainty about how the ruling would affect the FTC's plans.

The FTC said Thursday that it would continue to move forward with the list and encouraged consumers to keep signing up.

"One way or another we believe this District Court decision will not stand in the way," Eileen Harrington, the FTC's director of marketing practices, said Thursday. Legislation being rushed through Congress "would essentially void the judge's decision. It would remove any obstacle from going forward," she said.

"This is the goofiest decision that I've seen in a long time," said Sen. Charles Schumer, D-N.Y. "There is no question that Congress intended for the FTC to have this authority and will quickly make any correction that the court, in its arcane logic, deems necessary."

Rep. Edward Markey, D-Mass., added, "If this decision is not reversed quickly, I suspect the courthouse in Oklahoma would want to add itself to the do-not-call database in order to protect itself from the millions of consumers who feel deeply about the right to be left alone."

After the ruling, angry consumers posted the judge's office and home telephone numbers on Web sites and encouraged people to call and complain. Calls to the West home seeking comment were blocked by busy signals.

The Direct Marketing Association (search), one of the groups that challenged the registry, said it hadn't decided whether its members would stop calling people on the list starting next Wednesday.

Since the FTC opened the do-not-call list for registration in June, people have submitted 31.1 million phone numbers at the Web site www.donotcall.gov and 10.9 million by calling toll-free at 1-888-382-1222. An additional 8.6 million numbers were transferred from existing state lists.

There are about 166 million residential phone numbers in the United States and an additional 150 million cell phone numbers.

The FTC's rules require telemarketers to check the list every three months to see who doesn't want to be called. Those who call listed people could be fined up to $11,000 for each violation. Consumers would file complaints to an automated phone or online system.

The FTC expects the list to block 80 percent of telemarketing calls. Exemptions include calls from charities, pollsters and on behalf of politicians.

The lawsuit West ruled on Tuesday was filed by the Direct Marketing Association, Chartered Benefit Services Inc., Global Contact Services Inc., InfoCision Management Corp. and U.S. Security, which is based in Oklahoma City.

The Associated Press contributed to this report.

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update

WASHINGTON — Congress passed a bill on Thursday supporting the "do-not-call" list (search) aimed at preventing telemarketers from phoning potential customers at home.





In a 95-0 vote, the Senate gave its overwhelming approval of the legislation. Earlier in the day, U.S. House lawmakers also acted to overturn an Oklahoma court's decision that blocked the list. The vote in the House was equally lopsided — 412-8.

The legislation gives the Federal Trade Commission (search) full power to enforce a list of people's phone numbers that telemarketers are not allowed to call while making sales pitches. Violators are fined up to $11,000 per call.

Now that it has congressional approval, the do-not-call list is expected to take effect Oct. 1. Fifty million phone numbers have been registered since the FTC began taking numbers this summer.

A flood of congressional proposals defending the list came only hours after an announcement Wednesday that a federal judge in Oklahoma City had ruled the FTC overstepped its authority by creating the registry. In his ruling, U.S. District Judge Lee R. West ruled Tuesday that the Federal Communications Commission (search), not the FTC, has the authority to oversee a national do-not-call registry.

The judge added that recently adopted rules that allowed the FTC to create such a list were invalid. But he did not issue an order directing the FTC to stop the list.

"Protecting telemarketers under the First Amendment is like protecting the class bully who insists that it is his first amendment right to harass all the other children in class," said Mark Steven Kirk, R-Ill., before the vote. "I think the judge in this case has wondered if the Congress has been clear in this case. Well, Congress is going to be blisteringly clear."

Several House members said the issue is not about First Amendment rights because individuals — particularly in their own homes — have no obligation to listen.

Lawmakers themselves said they have been badgered by telemarketers and disliked the hard-sell tactics.

Rep. Billy Tauzin, R-La., chairman of the House Energy and Commerce Committee, who introduced the bill, said that he hung up on an ambassador's wife when he thought she was a telemarketer. Sen. Ted Stevens, R-Alaska, sponsored the Senate version that gives the FTC explicit authority to create and operate the list.

The White House expressed its satisfaction with the quick pace of action in Congress.

"We support congressional efforts that would ensure timely implementation of the do-not-call registry," White House Press Secretary Scott McClellan said without committing President Bush's signature to the bill. "These are telemarketing calls that are intrusive, annoying and all too common."

Telemarketers who sued to block the list stopped short of declaring victory after West's ruling because of uncertainty about how the ruling would affect the FTC's plans.

The FTC said Thursday that it would continue to move forward with the list and encouraged consumers to keep signing up.

"This is the goofiest decision that I've seen in a long time," Sen. Charles Schumer, D-N.Y., said of the decision to block the list. "There is no question that Congress intended for the FTC to have this authority and will quickly make any correction that the court, in its arcane logic, deems necessary."

Rep. Edward Markey, D-Mass., added, "If this decision is not reversed quickly, I suspect the courthouse in Oklahoma would want to add itself to the do-not-call database in order to protect itself from the millions of consumers who feel deeply about the right to be left alone."

After the ruling, angry consumers posted the judge's office and home telephone numbers on Web sites and encouraged people to call and complain. Calls to the West home seeking comment were blocked by busy signals.

The Direct Marketing Association (search), one of the groups that challenged the registry, said it hadn't decided whether its members would stop calling people on the list starting next Wednesday.

Since the FTC opened the do-not-call list for registration in June, people have submitted 31.1 million phone numbers at the Web site www.donotcall.gov and 10.9 million by calling toll-free at 1-888-382-1222. An additional 8.6 million numbers were transferred from existing state lists.

There are about 166 million residential phone numbers in the United States and an additional 150 million cell phone numbers.

The FTC's rules require telemarketers to check the list every three months to see who doesn't want to be called. Consumers would file complaints to an automated phone or online system.

The FTC expects the list to block 80 percent of telemarketing calls. Exemptions include calls from charities, pollsters and on behalf of politicians.

The lawsuit West ruled on Tuesday was filed by the Direct Marketing Association, Chartered Benefit Services Inc., Global Contact Services Inc., InfoCision Management Corp. and U.S. Security, which is based in Oklahoma City.

The Associated Press contributed to this report.

[Gawain 0]

I have only one concern with this: How many jobs will be lost as a result of this? 50,000? I've seen estimates in trade mags indicating that the direct marketing sector will be cut in half. That's about $6B per year. I'm just not fond of the timing, that's all.

So I try and I scream and I beg and I sigh
Just to prove I'm alive, and it's alright
'Cause tonight there's a way I'll make light of my treacherous life
Make light!

[floormonkey 0]

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20030926/ap_on_bi_ge/do_not_call_38

Second Judge Blocks Do-Not-Call List
1 hour, 51 minutes ago Add Business - AP to My Yahoo!


By DAVID HO, Associated Press Writer

WASHINGTON - With remarkable speed and near unanimity, Congress on Thursday passed legislation intended to ensure consumers can block many unwanted telemarketing calls. But whether the service millions of Americans signed up for takes effect next week was thrown into doubt when a second federal court judge ruled the list violates free speech protections.

U.S. District Judge Edward W. Nottingham in Denver blocked the list late Thursday, handing another victory to telemarketers who argued the national registry is unconstitutional and will devastate their industry.


His decision came shortly after the House and Senate voted overwhelmingly for a bill making clear that the Federal Trade Commission has the power to enforce the "do-not-call" list. The legislation was prompted by an earlier ruling by a federal judge in Oklahoma City who said the FTC lacked the power to create and operate the registry.


The House voted 412-8 and the Senate 95-0 for the bill. President Bush (news - web sites) said he looked forward to signing it. "Unwanted telemarketing calls are intrusive, annoying and all too common," he said in a statement.


The list that would block an estimated 80 percent of telemarketing calls is supposed to be effective Wednesday, but it's unclear whether legal issues will be settled by then. Even after Bush signs the legislation, the FTC must win in court for the list to move forward.


Despite the uncertainty, the FTC is encouraging people to continue signing up for the list at the Web site www.donotcall.gov or by calling 1-888-382-1222.


The FTC asked U.S. District Court Judge Lee R. West to block the order he issued Tuesday declaring the agency lacked proper authority to oversee the list. He declined Thursday and the FTC immediately appealed to the 10th U.S. Circuit Court of Appeals (news - web sites) in Denver.


The FTC had no immediate comment on Nottingham's ruling, but it also probably will end up with the 10th Circuit.


During brief debates, House and Senate members made it clear they want the list.


"Clearly the court's decision was misguided," said Sen. John McCain, R-Ariz., referring to West. "The measure before us makes crystal clear the commission can and should proceed with the do-not-call list."


He said the ruling has "served as a rallying cry for the tens of millions of American households who signed up for the registry."


Sen. Charles Schumer, D-N.Y., said no one likes "hopping up and down like jackrabbits to answer the phone and then hear somebody on the phone try to sell you something. It drives you crazy."


Rep. Billy Tauzin, R-La., chairman of the House Energy and Commerce Committee, said he is confident West's decision will be overturned.


"We should probably call the bill 'This Time We Really Mean It Act' to cure any myopia in the judicial branch," he said.


The ruling caught lawmakers off guard but they responded with remarkable speed. Bills can take months or even years to pass, but the do-not-call legislation was drafted and approved in both chambers in little more than 24 hours.


The rapid response underscored the popularity of the list, which after fewer than four months already has nearly 51 million numbers.


"This legislation got to the House floor faster than a consumer can hang up on a telemarketer at dinnertime," said Rep. Edward Markey, D-Mass.





Since issuing the ruling, West's home and office have been bombarded with calls from angry consumers. His numbers were posted on the Internet and people were encouraged to call.

"They just keep calling to harass us, like the telemarketers harass them, I guess," said Rick Wade, operations manager at the district clerk's office.

Despite the torrent of angry calls Thursday, West rejected the FTC's request to block his order, saying the agency offered no additional evidence that would make him change his mind.

The FTC expects the list to block four of every five telemarketing calls. Exemptions include calls from charities, pollsters and on behalf of politicians.

The FTC's rules require telemarketers to check the list every three months to see who does not want to be called. Those who call listed people could be fined up to $11,000 for each violation. Consumers would file complaints to an automated phone or online system.

Telemarketers say the list would severely harm their industry and lead to the loss of thousands of jobs. Still, the Direct Marketing Association, one of the groups that challenged the registry, said it has asked its members to obey the wishes of those who are enrolled in the registry.

"It is appropriate for marketers to respect the wishes of consumers," said H. Robert Wientzen, the association's president.

___

[kallend 2,174]

Quote

I have only one concern with this: How many jobs will be lost as a result of this? 50,000? I've seen estimates in trade mags indicating that the direct marketing sector will be cut in half. That's about $6B per year. I'm just not fond of the timing, that's all.

Maybe the displaced parasites will get a job doing something productive instead.

...

The only sure way to survive a canopy collision is not to have one.

[riddler 0]

http://www.washingtonpost.com/ac2/wp-dyn?pagename=article&node=&contentId=A13420-2003Dec18¬Found=true

FCC Issues Its First 'Do Not Call' Citation
Enforcement Action Will Lay Groundwork for Future Penalties, Officials Say

By Griff Witte
Washington Post Staff Writer
Friday, December 19, 2003; Page E03

The Federal Communications Commission yesterday cited a company for the first time for allegedly violating the government's new anti-telemarketing restrictions, though it did not impose any immediate financial penalties.

CPM Funding Inc., which does business as California Pacific Mortgage, was accused of making eight telemarketing calls to people who had put their phone numbers on the national do-not-call registry. The FCC sent the company a warning letter last month and reviewed its response before issuing the citation.

Because the company, which is based in Irvine, Calif., does not hold an FCC license, it will not be fined unless the alleged violations persist, the agency said. The FCC is permitted to fine a company up to $11,000 per violation.

Agency officials portrayed yesterday's action as an important move that will lay the groundwork for future penalties. "This is a landmark enforcement step -- the first FCC action to enforce our new national 'do not call' rules," enforcement bureau chief David H. Solomon said in a statement. "This citation demonstrates our resolve to ensure that consumers are not bothered by unwanted, intrusive calls to their homes."

Messages left at CPM Funding were not returned.

Solomon said in an interview that the FCC has numerous other do-not-call-related investigations underway. He said the agency has sent warning letters to 40 companies, putting them on notice that they are being investigated for possible violations.

The FCC and the Federal Trade Commission share authority to enforce the new telemarketing rule. The national registry now has more than 55.4 million phone numbers on it.

Solomon said the FCC has focused its investigations on companies in certain industries where the FTC does not have jurisdiction, such as telecommunications, banking and airlines.

Enforcement of the do-not-call rule was delayed from its scheduled Oct. 1 start because of court battles. It is still being challenged by telemarketing trade groups in the U.S. Court of Appeals for the 10th Circuit on freedom-of-speech grounds. The FTC and FCC have permission to begin enforcement while the rule is being reviewed.

Since October, the FTC has received more than 100,000 complaints from the public about possible rule violations, according to Eileen Harrington, the FTC's associate director for marketing practices. "We're getting hundreds of complaints a day -- some days in the thousands," she said. "We're very busy. It's a high priority."

Tim Searcy, executive director of the American Teleservices Association, one of the groups challenging the rule, said he believes it is "premature" for the government to begin enforcement before the matter is resolved in court. He also said he had hoped that telemarketing companies would be given more "room for error."

"It is interesting that out of the purported millions of calls being made that this company is being examined for only eight proposed violations," Searcy said.

CPM Funding has 30 days to respond to the FTC's citation and explain how it plans to avoid violating do-not-call restrictions in the future.

Trapped on the surface of a sphere. XKCD