On Tuesday, October 7, 2003  the 10th U.S. Circuit Court of Appeals cleared the way for the Federal Trade Commission to operate the national Do Not Call list, pending a court decision on whether the registry violates the free speech rights of telemarketers. The registry started on October 1, but its operations were turned over from the FTC to the Federal Communications Commission (FCC) because of another court order.

Oral arguments on the  telemarketers' challenge are scheduled for November 10 in Tulsa, Oklahoma.

As we noted in Monday's PIA National Newsline,in large measure PIA members comply with the fundamentals of the Do Not Call laws because generally the majority of their telecommunications are with clients. However, new state and federal laws create new details that members must brush up on and include in their expressed compliance procedures. Federal enforcement of the national Do Not Call list will be concentrated primarily on telemarketing firms, not on insurance agencies, but states are now cracking down on this issue in the financial sector. That's why agencies need to remain fully aware of their state requirements along with the details of all Do-Not-Call rules in the states where they do business, and proceed accordingly.

Text of Stay Issued 10/7/03 by 10th Circuit, U.S. Court of Appeals

October 8, 2003