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September 26, 2003
Game On
The 10th Circuit Court of Appeals has denied the telemarketers' request to stop the DoNotCall list. In their order, which you can read here, the court states that:
We conclude that petitioners have failed to meet their burden on these remaining two factors, for two reasons. First, the public interest in respecting “residential privacy” weighs against a stay of the FCC’s order.....Second, the strong expectation interest of the many millions of Americans who have registered with the FCC’s “do not call” list weighs in favor of denying the stay.....On the record presented, we conclude that petitioners have failed to establish a substantial likelihood of success on the merits, and we therefore DENY the motion for stay of the FCC’s order pending review of the merits.
That does not bode well for the telemarketers' case. The court is basically saying that unless the telemarketers can show them something new, the lower court's ruling will be overturned.
Ain't that a shame.
Heh.
Posted by Rita at September 26, 2003 07:26 PM
Comments
Federal Prison Industries, a Government owned organization dedicated to providing employment for prisoners both during and after incarceration, seems to have considerable interest in tapping into some of the billions available to telemarketers. Are any of the telemarketing call centers actually in federal prisons?
Also, sorry about my last comment being so long. I won't do that again.
Posted by: kenneth at September 28, 2003 10:27 PM
I don't know Kenneth, but I don't see why federal prisons would be any different than state ones in that regard.
I'm not familar enough with the relevant case law to have a definite opinion, but on the face of it, the judge's opinion seems to raise a legitimate constitutional question. Of course, that could be because I'd like the option of banning all telephone solicitation at our house....not that we're against charitable donations, just that you never know who's really calling so we don't donate to _any_ "charity" that calls.
Posted by: Rita at September 29, 2003 06:17 AM
Oh, and don't worry about your comment on the previous post. That was exactly the information I was looking for.
Thanks!
Posted by: Rita at September 29, 2003 06:18 AM
I'm a loser baby so why don't you kill me?
Posted by: Lolita at October 11, 2003 08:16 AM
Hello Folks, I'm still an idiot!
Posted by: Preteen at October 12, 2003 12:15 PM