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Author Topic: Telemarketers: "Do Not Call list will destroy us." Supreme Court: "Go to hell"  (Read 1353 times)

M2

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http://money.cnn.com/2004/10/04/news/economy/scotus_telemarketing.reut/index.htm


WASHINGTON (Reuters) - The U.S. Supreme Court Monday let stand a lower-court ruling that telemarketers' rights to free speech are not violated by the government's nationwide do-not-call list.


Without comment, the justices rejected an appeal by commercial telemarketers against the lower-court ruling, which upheld as constitutional the popular program in which consumers can put their names on a list if they do not want to be called by telemarketers.


"We hold that the do-not-call registry is a valid commercial speech regulation because it directly advances the government's important interests in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech," the appeals court said.

The Denver-based appeals court overturned a decision by a federal judge who ruled the list unfairly discriminated against commercial speech.


The do-not-call list stemmed from regulations adopted by the Federal Trade Commission and the Federal Communications Commission. The program went into effect a year ago and subjects telemarketers to fines of up to $11,000 for calling a number on the list.


The American Teleservices Association, Mainstream Marketing Services Inc. and TMG Marketing Inc. asked the Supreme Court to hear the case.


The telemarketers argued that the list violated their commercial free-speech rights, that it unfairly did not apply to political and charitable solicitations, and that less restrictive regulations already allow consumers to block unwanted calls.


"This case is a cautionary example of what happens when federal agencies allow perceived political imperatives to override constitutional concerns," Robert Corn-Revere, an attorney representing the telemarketers, said in the appeal.


TheJustice Department replied that the appeals court decision was correct and that the appeal should be rejected.


Acting Solicitor General Paul Clement said telemarketing has become a multibillion-dollar business over the past two decades. "It has also become a growing intrusion into everyday life," he told the justices.


About 62 million phone numbers had been entered on the do-not-call list as of June, he said.

Tobias Beecher

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@#!* those telemarketers  :D

foxnewssucks

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Good.  I am not sure how they can even claim that such a list violates the constitution.  What a joke.

absy

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very nice

foxnewssucks

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yeah, those are the 7 dollar a hour, while you are going to school jobs, with the average person probably staying employed there for 4 months.

Bisquick

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yeah, those are the 7 dollar a hour, while you are going to school jobs, with the average person probably staying employed there for 4 months.

No, I know a girl that was supporting her little girl on it because she had no other hope.  It was a sad story, but I am sure there are countless more like it.  She will be on welfare now, I have little doubt. 
3.8/155

MaroonOut2005

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Are you saying only the decent paying jobs are important?  I guess you are against raising the minimum wage.

yeah, those are the 7 dollar a hour, while you are going to school jobs, with the average person probably staying employed there for 4 months.

foxnewssucks

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I am not sure what you are saying, but I know telemarketers or did know them, and 90% of people that worked there fit this profile. There are better jobs to be had, it is really a bad job, nothing to do with pay.  You really want to be yelled out all night because people get pissed you are calling?

Are you saying only the decent paying jobs are important?  I guess you are against raising the minimum wage.

yeah, those are the 7 dollar a hour, while you are going to school jobs, with the average person probably staying employed there for 4 months.

foxnewssucks

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yeah, those are the 7 dollar a hour, while you are going to school jobs, with the average person probably staying employed there for 4 months.

No, I know a girl that was supporting her little girl on it because she had no other hope.  It was a sad story, but I am sure there are countless more like it.  She will be on welfare now, I have little doubt. 

well maybe she can spend more time with her kid now or look for another job.

MaroonOut2005

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I was a telemarketer.  I know what it was like.  I think Bisquick's point was that, for some people, its their only hope.

yeah, those are the 7 dollar a hour, while you are going to school jobs, with the average person probably staying employed there for 4 months.

No, I know a girl that was supporting her little girl on it because she had no other hope.  It was a sad story, but I am sure there are countless more like it.  She will be on welfare now, I have little doubt. 

well maybe she can spend more time with her kid now or look for another job.