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Tenth Circuit Allows FTC Do-Not-Call Rules

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  • Baker, John
    The United States Court of Appeals for the Tenth Circuit today issued a stay of a district court order that had permanently enjoined the Federal Trade
    Message 1 of 1 , Oct 7, 2003
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      The United States Court of Appeals for the Tenth Circuit today issued a stay of a district court order that had permanently enjoined the Federal Trade Commission from implementing its do-not-call registry. Federal Trade Commission v. Mainstream Marketing Services, No. 03-1429 (10th Cir. Oct. 7, 2003) (per curiam). U.S. District Judge Edward Nottingham of the District of Colorado had ruled that, because the do-not-call rules apply to commercial telemarketers but do not apply to charitable or political solicitors, they violate the First Amendment. The Tenth Circuit, however, ruled that there is a substantial likelihood that the FTC will be able to show a reasonable fit between the do-not-call registry and the substantial governmental interest in preventing the greater risk of privacy invasion and abusive sales practices correlated with commercial telemarketing, and that the FTC therefore had shown a likelihood of success on the merits. The district court's order was stayed pending final resolution of the appeal on its merits, allowing the FTC to implement and enforce the do-not-call rules at least for now. The court ordered the appeal on the merits to be expedited, with oral argument scheduled for November 10, 2003.

      The Tenth Circuit opinion is available on its home page at

      http://www.ck10.uscourts.gov/

      For my prior posts on the do-not-call rules, see

      http://groups.yahoo.com/group/FundLaw/messagesearch?query=do-not-call


      John M. Baker <JMB@...>
      Stradley, Ronon, Stevens & Young, LLP Http://www.stradley.com
      1220 19th Street, N.W., Suite 600, Washington, DC 20036
      (202) 419-8413 Fax (202) 822-0140
      FundLaw Listowner Http://groups.yahoo.com/group/fundlaw
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