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Roller Coaster Ride for Do Not Call Registry

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The FTC’s National Do Not Call Registry has been the focus of law and legislation this week. On September 23, the registry was blocked by a court order, and on September 25, the House and Senate, exhibiting unusal unanimity and alacrity, authorized the agency’s creation of the registry. But by the evening of September 25, the registry’s future was back in doubt as Judge Edward Nottingham, U.S. District Court, District of Colorado, issued a memorandum opinion and order, Mainstream Marketing Services, Inc. v. Federal Trade Commission, finding that the registry violated the First Amendment (specifically “commercial speech.”)

  • From the FTC, What’s the Status of the National Do Not Call Registry?
  • According to FTC Chairman Timothy J. Muris, “We will seek every recourse to give American consumers a choice to stop unwanted telemarketing calls.

    • [Link]

  • the latest news on this issue from Reuters: “The 10th Circuit Court of Appeals in Denver denied a request by telemarketers to halt the federal government’s “do not call” list and said it would likely rule in favor of the measure when it soon hears the case.”
  • Defendant Federal Trade Commission’s Notice of Appeal;
    Defendant Federal Trade Commission’s Motion for an Emergency Stay Pending Appeal; Defendant’s Memorandum of Points and Authorities in Support of It’s Motion for an Emergency Stay Pending Appeal.

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