Telemarketers sue to block national 'do-not-call' list
By The Associated Press
01.30.03
DENVER — Telemarketers filed suit in federal court yesterday to keep the Federal Trade Commission from creating a nationwide “do-not-call” list of people who would be off-limits to telephone solicitors.
The suit, filed in U.S. District Court by two telemarketing companies and the American Teleservices Association, said the list would violate the Constitution and would exceed the FTC’s authority.
The FTC proposed the list last month as part of revised federal telemarketing rules. At least 27 states already have their own do-not-call lists or are considering them.
The lawsuit says the FTC list would violate the First Amendment by blocking constitutionally protected free speech in advance.
It would violate the equal-protection clause of the Fifth Amendment by treating telemarketers differently than other groups, the suit says. The FTC’s list would not apply to groups such as charities, politicians and companies that already do business with a person on the list.
The suit alleges the Telemarketing and Consumer Fraud and Abuse Prevention Act, passed in 1994, did not give the FTC authority to set up the list.
The other plaintiffs are Mainstream Marketing Services of Boulder and TMG Marketing, which is incorporated in Nebraska but operates in Denver.
After-hours calls to the American Teleservices Association and the two companies were not returned.