Starting in late September, the federal courts completely screwed up the law on privacy and telemarketing, deciding that the Federal Trade Commission’s “Do Not Call” registry was, first, unauthorized, and second, in violation of the First Amendment. Today the 10th Circuit stayed those decisions, holding that “there is a substantial likelihood that the FTC will be able to show … that the list directly advances the government’s substantial interest and is narrowly tailored.” [yahoonews.com]. Finally, a little sanity is brought to the law.
The Washington Post calls the situation “Do-Not-Call Recalled,” which is cute but a little misleading. What’s been recalled are the asinine decisions by decrepit old judges hand-picked by the Direct Marketing Association to assure stupid rulings favoring local calling center business over the privacy rights of consumers nationwide. DMA says the court of appeals “appears to allow” the FTC to proceed with its plans. So, these guys can’t read either!! What “appears” true is that the telemarketers still refuse to admit that consumers hate them and that their entire business depends on being so obnoxious and misleading that people are bullied into submission. The courts have closed them down, at last.