Tuesday, October 07, 2003
Do-not-call redux: A three-judge panel today put on hold a district court decision that found the FTC's do-not-call list to be an infringement on telemarketers free speech rights.
According to the media reports, it appears as though the appellate court used logic similar to mine to come to its conclusion.
"We conclude that the public does have strong privacy and expectation interests that weigh in favor of granting this stay," the three-judge panel wrote. It added that the justifications for the registry -- to prevent abusive and coercive sales practices and protect privacy -- are substantial interests appropriate for government action.
"We find it relevant that the national do-not-call list is of an opt-in nature, which provides an element of private choice," the panel wrote. "The list is not invoked until the homeowner makes a private decision to invoke it."
Here's looking forward to peaceful nights.