A three-judge appeals panel is expected to rule late this month or in early January on the legality of the Federal Trade Commission’s national do-not-call list.
The Direct Marketing Association and other trade groups want the 10th U.S. Circuit Court of Appeals in Tulsa, OK, to uphold decisions by lower courts that found the registry unconstitutional.
The groups argued in a hearing Nov. 10 that the DNC list stalls competition and commercial free speech rights by allowing calls from nonprofits but not from businesses.
But government lawyers countered that consumers have a right to be left alone, and that the FTC hasn’t eliminated commercial free speech.
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