U.S. Supreme Court Backs Do Not Call Registry - InformationWeek

InformationWeek is part of the Informa Tech Division of Informa PLC

This site is operated by a business or businesses owned by Informa PLC and all copyright resides with them.Informa PLC's registered office is 5 Howick Place, London SW1P 1WG. Registered in England and Wales. Number 8860726.

06:03 PM
Connect Directly

U.S. Supreme Court Backs Do Not Call Registry

In upholding a lower court's ruling, the Supreme Court rejected arguments that the Do Not Call list violates telemarketers' First Amendment rights.

The U.S. Supreme Court Monday let stand a ruling by the United States Court of Appeals for the 10th Circuit upholding the constitutionality of the Federal Trade Commission's national Do Not Call Registry. The Supreme Court provided no additional commentary with its decision.

In May, three marketing groups, The American Teleservices Association, Mainstream Marketing Services, and TMG Marketing, appealed the lower court's ruling. They argued that the Do Not Call Registry infringed upon their right to free speech, that it unfairly exempted political and charitable calls, that consumers already had less restrictive means to block unwanted calls, and that the imposition of fees on telemarketers represented an unfair tax on protected speech.

In their Petition to the Supreme Court, the marketing organizations argued that "this case arises from a recent trend among governmental entities to restrict commercial speech discriminatorily in the name of privacy."

In February, the 10th Circuit Court of Appeals ruled that the Do Not Call Registry represented a valid commercial speech regulation because it advanced substantial government interests while being narrowly tailored and that the fees telemarketers must pay to access the list are allowable because they defray the cost of lawful government regulation.

The Do Not Call Registry opened in June 2003, for the purpose of making it "easier and more efficient for consumers to stop getting telemarketing calls they do not want." By June 2004, consumers had registered 62 million phone numbers and had reported 428,000 possible violations. Some 200 companies have had more than 100 consumer complaints filed against them. The program remains popular with the majority of consumers.

We welcome your comments on this topic on our social media channels, or [contact us directly] with questions about the site.
Comment  | 
Print  | 
More Insights
The State of Cloud Computing - Fall 2020
The State of Cloud Computing - Fall 2020
Download this report to compare how cloud usage and spending patterns have changed in 2020, and how respondents think they'll evolve over the next two years.
2021 Outlook: Tackling Cloud Transformation Choices
Joao-Pierre S. Ruth, Senior Writer,  1/4/2021
Enterprise IT Leaders Face Two Paths to AI
Jessica Davis, Senior Editor, Enterprise Apps,  12/23/2020
10 IT Trends to Watch for in 2021
Cynthia Harvey, Freelance Journalist, InformationWeek,  12/22/2020
Register for InformationWeek Newsletters
Current Issue
2021 Top Enterprise IT Trends
We've identified the key trends that are poised to impact the IT landscape in 2021. Find out why they're important and how they will affect you.
White Papers
Twitter Feed
Sponsored Live Streaming Video
Everything You've Been Told About Mobility Is Wrong
Attend this video symposium with Sean Wisdom, Global Director of Mobility Solutions, and learn about how you can harness powerful new products to mobilize your business potential.
Sponsored Video
Flash Poll