The 10th Circuit Court of Appeals in Denver issued a ruling that upholds the national Do Not Call registry. The court rejected arguments brought in a lawsuit by telemarketers, who argued that it infringed on their free-speech rights because it does not block charitable or political calls. "We hold that the national do-not-call registry is narrowly tailored because it does not over-regulate protected speech; rather, it restricts only calls that are targeted at unwilling recipients," the judges said. The Direct Marketing Association, one of the groups challenging the list, said it was considering its options and reviewing the court's ruling with its legal counsel.
Last year, a judge in Denver had blocked implementation of the national Do Not Call registry, but then the 10th Circuit Court of Appeals reversed the stay and said the registry could go forward while it considered the appeal from telemarketers.
What It Means to Agents: 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, 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.