A national do-not-call list is justified by the public’s frustration with telemarketers and its right to privacy, government lawyers argued before a federal appeals court on Monday, the Associated Press reported.
Telemarketers’ groups, including the Direct Marketing Association, argued that the list is unconstitutional because it stalls competition and violates their right to free speech by allowing calls from nonprofits but not businesses.
The DMA, along with these other groups, want the appeals court to uphold lower courts’ decisions that found the national no-call registry unconstitutional.
The hearing before a three-judge panel of the 10th U.s. Circuit Court of Appeals in Tulsa, OK, is the opportunity for both sides of the do-not-call list debate to state their views. The case, as it now stands, consolidates all of the lawsuits filed by the telemarketing industry against the government.
Consumers find calls from companies much more intrusive than calls from charities, a government lawyer said. A government study showed that most complaints occur from commercial callers, he added.
The government also presented evidence that a do-not-call list is warranted because telemarketers have not been following rules that allow consumers to prevent specific telemarketers from calling their homes.
But an attorney for telemarketers said that consumers are not aware of any way to stop calls other than the federal DNC registry.
The court allowed the registry to go into effect Oct. 1 pending outcome of the court case. More than 50 million consumers have signed up to bar telemarketing calls to their homes.
A decision is expected by the appeals panel around the first of the year.
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