Congress restores ‘do-not-call’ registry

Congress stepped in quickly yesterday to ensure consumers can block unsolicited calls from telemarketers next week when the national “do-not-call” registry is scheduled to take effect.

But the service 50.6 million Americans signed up for was put in doubt again when a federal court judge ruled the list violates free-speech protections.

U.S. District Judge Edward W. Nottingham in Denver blocked the list late yesterday, handing another victory to telemarketers who argued the national registry is unconstitutional and will devastate their industry.

“The Federal Trade Commission has chosen to entangle itself too much in the consumers’ decision by manipulating consumer choice and favoring speech by charitable [organizations] over commercial speech,” wrote Judge Nottingham, appointed in 1989 by President Bush.

U.S. District Judge Lee R. West on Wednesday ruled the FTC did not have the authority to create or run the list.

The House voted 412-8 to give the Federal Trade Commission authority to establish and enforce the national registry of phone numbers telemarketers will be prohibited from calling. Senators followed with a 95-0 vote approving the same bill.

The president said in a statement last night that “I look forward to signing” the bill because “unwanted telemarketing calls are intrusive, annoying and all too common.” But White House spokesmen had no immediate comment on Judge Nottingham’s ruling.

Ken Johnson, spokesman for Rep. Billy Tauzin, Louisiana Republican and chairman of the House Energy and Commerce Committee, said the ruling “puts a little damper on the party, but we’re still confident of prevailing in the end.” He said Tauzin staff members were reviewing the Denver decision.

Judge West yesterday denied the FTC’s motion to stay his decision while it appeals the ruling. Now the FTC must ask him to dismiss his order in light of the new law granting the FTC authority to establish the do-not-call list.

But FTC spokeswoman Cathy MacFarlane told Cox News Service that the agency was still pushing ahead with its plan to put the registry into effect next week and “there has been no hiatus in the planning for the enforcement stage.” There was no FTC comment on Judge Nottingham’s ruling.

Despite the legal confusion, lawmakers blistered Judge West yesterday.

“Fifty million Americans cannot be wrong,” said Rep. John D. Dingell, Michigan Democrat.

Sen. Charles E. Schumer, New York Democrat, called Judge West’s ruling “goofy.”

Rep. Fred Upton, Michigan Republican, threatened during televised debate to give out the judge’s phone number.

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