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September 24, 2003
Thanks A Lot, Judge
As you've probably heard by now, a Federal judge in Oklahoma has stricken down the FTC's national "Do Not Call" list. You can read a .pdf copy of his order here.
At first glance, it seems to me that he's walking a rather fine line here. He says that Congress did not expressly grant authority to the FTC to establish such a list, so the FTC did not have the power to make the list. The first part is true, but the FTC does have the express power to prevent abusive telemarketing practices. And Congress did appropriate money to establish the DoNotCall list....which is arguably a ratification by Congress of the FTC action's.
There's going to be an appeal, I'm sure. But you know, if Congress passed an explicit bill authorizing the FTC to establish a DoNotCall list in the interim, then the telemarketers would be left with nothing but a 1st Amd. argument....which isn't that strong. Saying that a telemarketer has the 1st Amd. right to annoy you in your home when you've said you're not interested doesn't exactly pass the straight face test. (That's where you, as an attorney, look at yourself in the mirror & ask yourself "Can I make this argument with a straight face?" If you can honestly answer "Yes", then you're pretty safe from getting Rule 11 sanctions.)
So contact your Congressional representative and demand legislative action. (See how I adroitly avoided using a sexist term?) It'll be more productive than calling that judge's office and harassing him. He ain't gonna change his ruling.
I know y'all were thinking about doing that weren't you?
Posted by Rita at September 24, 2003 04:10 PM
Comments
Is one permitted to call that judge to tell him he is a total idiot?? One might claim 1st Amendment rights, mightn't one?
Posted by: MommaBear at September 24, 2003 06:58 PM
It's my phone. I pay the bills. They are using my property not only without my permission but against my stated wishes.
That alone give me the right to, oh wait, I live in Canada. (Sniff.)
Posted by: Debbye at September 24, 2003 07:16 PM
Around these parts, we call it the "red face test."
Posted by: Jim - Parkway Rest Stop at September 24, 2003 10:26 PM
I think someone should post the home phone number for that judge. That way the public can call during dinner and ask him what he was thinking. ;)
Posted by: Psycho Dad at September 25, 2003 01:44 AM
Y'all are just mean. : )
Red face test huh Jim? That one would be a lot tougher for me.
Posted by: Rita at September 25, 2003 06:09 AM
It is ALWAYS good to know who and where your enemies are.....What, pray tell, was his quid pro quo?
Posted by: Bill at September 25, 2003 10:28 AM
There's a whole lot of people asking that question this morning Bill. Could be the judge just believes in a strict interpretation of the law....like Scalia.
Posted by: Rita at September 25, 2003 02:38 PM