The United States Court of Appeals ruled that the federal do-not-call list is a valid commercial speech regulation, and refused to support a challenge by a variety of plaintiffs alleging the list does not provide mechanisms to limit charitable or political calls, and that it cuts off speech by telemarketers that operate under its restrictions.
The challenge was brought by a variety of organizations, including the Direct Marketing Association and the American Teleservices Association. The ruling allows the Federal Trade Commission and the Federal Communications Commission to continue operating the DNC registry as it had been. The ATA filed its initial challenge in a Colorado Federal Court in January 2003, and submitted its petition to the Appeals Court in late July.
In issuing its denial, the Tenth Court of Appeals ruled
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