‘Do-not-call’ list survives challenge

Appeals court upholds telemarketing limits

? Handing a victory to consumers who loathe telemarketers, a federal appeals court Tuesday upheld the popular do-not-call registry, dismissing claims it violates free speech rights and is unfair to business.

The 10th U.S. Circuit Court of Appeals called the registry of more than 56 million phone numbers a reasonable attempt by government to safeguard personal privacy and reduce “the danger of telemarketing abuse.”

Join the federal do-not-call list at www.donotcall.gov, or call (888) 382-1222. Registrants for Kansas’ do-not-call list do not need to sign up for the federal list.

“Just as a consumer can avoid door-to-door peddlers by placing a ‘No Solicitation’ sign in his or her front yard, the do-not-call registry lets consumers avoid unwanted sales pitches that invade the home via telephone,” the court said. “We are convinced that the First Amendment does not prevent the government from giving consumers this option.”

Telemarketing officials say they expect 2 million of their 6.5 million workers to lose their jobs within two years if the do-not-call rules stand.

Tim Searcy, executive director of the American Teleservices Assn. trade group, said he was disappointed but not surprised, predicting the case would ultimately have to be resolved by the Supreme Court.

The Direct Marketing Assn. said the industry would follow the law while it considers whether to appeal.

The appeals court overturned U.S. District Judge Edward Nottingham of Denver, who said the registry, which took effect in October, violated free-speech rights by barring calls from businesses but not charities and political organizations.