As the legal tangle over a national Do-Not-Call list continues in the courts, President Bush yesterday signed legislation authorizing the Federal Communications Commission to enforce the list beginning next week.
“The public is understandably losing patience with these unwanted phone calls, unwanted intrusions,” President Bush said at the signing. “Given a choice, Americans prefer not to receive random sales pitches at all hours of the day. The American people should be free to restrict these calls.”
The FCC will begin enforcing its Do-Not-Call rules effective Oct. 1, the day the Federal Trade Commission’s list was to go into effect. The Commission said it would enforce the penalties because the FTC was prevented last week from doing so by a federal judge’s order. Adding another wrinkle to the situation, the FTC on Sunday shut down the service that allows telemarketers to obtain the list, so not all telemarketers have the list.
“The FCC will enforce its Do-Not-Call rules against telemarketers that have obtained the Do-Not-Call list from the FTC, beginning Wednesday,” FCC Chairman Michael K. Powell said in a statement. “The Commission remains committed and determined to defend the choices of the American people.”
More than 50 million people have registered on the FTC’s registry.
In February, Congress approved legislation and funding necessary for the FTC to implement the national registry. After lawsuits were filed by The Direct Marketing Association and others objecting to the list, a federal district court judge in Oklahoma last week ruled that the FTC did not have the authority to initiate a national do-not-call registry. Congress moved quickly to sign legislation reaffirming the FTC’s authority to establish and enforce the registry. However, late last week, another federal court in Colorado ruled that the FTC’s do-not-call registry is unconstitutional on free-speech grounds because it applies to calls from businesses but not charities. Further court action is expected.
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