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Do Not Call on Hold

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The new “National Do Not Call Registry” will most likely not go into effect this Wednesday as expected, despite the best efforts of the Federal Trade Commission and Congress. However, consumers can continue to register their phone numbers in the database even though telemarketers are not required to comply with it. Last week, Congress passed legislation giving the FTC the authority to establish the registry while another U.S. District Court ruled the registry was unconstitutional. Earlier last week, a U.S. District Court Judge in Oklahoma City ruled that the FTC wasn’t authorized by Congress to establish the registry. On Thursday, Congress fixed that issue by passing legislation giving the FTC the authority. The House ratified the bill by a vote of 412 to 8 and the U.S. Senate passed the bill by a 95-0 vote. The President signed the bill into law shortly thereafter. However, a U.S. District Court Judge in Denver ruled the same day that the registry violates the First Amendment since it favors charitable speech over commercial speech. On Friday, the FTC filed an appeal of the U.S. District Court for the District of Colorado order that enjoins the FTC from enforcing the “National Do Not Call Registry.” The FTC also filed a motion for an emergency stay of the portion of the court’s order that enjoins the FTC. To register your phone number visit: http://www.donotcall.gov.

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