Yesterday, the United States District Court for the District of Colorado held that a Do Not Call registry allowing consumers to avoid receiving commercial telemarketing calls is unconstitutional because non-commercial calls (specifically those from charities) are exempt.
The court ruled that "the FTC's Do Not Call registry does not materially advance its interest in protecting privacy or curbing abusive telemarketing practices." Tens of millions of Americans who have registered more than 50 million phone numbers disagree.
This court's reasoning, if adopted elsewhere, would effectively cripple virtually every do-not-call registry in the United States, whether state or federal. I do not believe that our Constitution dictates such an illogical result. To the contrary, our Constitution allows consumers to choose not to receive commercial telemarketing calls.
We will seek every recourse to give American consumers a choice to stop unwanted telemarketing calls.
Office of Public Affairs