Court Blocks National Do-Not-Call List

Just as consumers were set to be done with annoying telemarketing calls during dinnertime, a federal court in Oklahoma has blocked the national Do-Not-Call list expected to take effect next week.

The court said that the Federal Trade Commission, which created the registry, had overstepped its authority. About 50 million consumers have registered so far. The program was to take effect Oct. 1.

FTC Chairman Timothy Muris issued a statement yesterday that read in part: “This decision is clearly incorrect. We will seek every recourse to give American consumers a choice to stop unwanted telemarketing calls.”

The Direct Marketing Association and several telemarketing firms filed suit last January to block creation of the list, saying it violated free-speech laws and discriminated against an industry that is estimated to employ 4 million.

The DMA released a statement yesterday saying that the plaintiffs are “grateful that the Federal District Court in Oklahoma City, OK understood and upheld the industry’s belief that the Federal Trade Commission (FTC) does not have authority to implement and enforce a national do-not-call list.”

The court said the FTC is authorized to curb abusive telemarketing practices under existing law but that any national Do-Not-Call list must be handled by the Federal Communications Commission, which has signaled that it may create its own registry, according to news reports.