Telemarketers' group sues FCC


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  • | 12:00 p.m. August 12, 2003
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From Inman News Features

The American Teleservices Association last month filed a petition in the United States Court of Appeals for the Tenth Circuit seeking judicial review of the Federal Communications Commission’s “Report & Order” which adopted rules that mirror Federal Trade Commission’s regulations creating a national Do-Not-Call list and otherwise governing telemarketing practices.

Implementation of a national do-not-call list will cost the U.S. economy up to two million jobs in an industry that produces more than $660 billion of sales per year, according to ATA.

ATA also asked the FCC to issue an expedited stay to forestall enforcement of the new rules until after the court has had a chance to review them.

“This truly is a case of regulatory overkill. Unfortunately, the FCC ignored its obligations under the federal law and the Constitution to carefully balance the privacy interests of consumers with the First Amendment rights of legitimate telemarketers,” said ATA Executive Director Tim Searcy.

ATA filed suit against the FTC January 29 in a Colorado federal court. Both parties are waiting for a court date to be set before the October 1 implementation deadline of the national DNC list, according to ATA.

The FCC’s Order in support of the FTC’s national DNC list came just as the national list approached 17 million names.

ATA represents the call centers, trainers, consultants, and equipment suppliers that initiate, facilitate, and generate telephone, Internet, and email sales, service, and support.

 

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