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10th Circuit Court of Appeals Upholds the Do-Not-Call List
Posted by James Grimmelmann on Tuesday, February 17 @ 22:04:23 EST
Contributed by brian
Telecommunications
brian writes "The US Court of Appeals for the 10th Circuit has apparently upheld the National Do-Not-Call List. The 50 page opinion can be found on the court's web page, here. Specifically, the holding of the court is:
  1. The do-not-call list is a valid commercial speech regulation under Central Hudson because it directly advances substantial governmental interests and is narrowly tailored.
  2. The registry fees telemarketers must pay to access the list are a permissible measure designed to defray the cost of legitimate government regulation.
  3. It was not arbitrary and capricious for the FCC to adopt the established business relationship exception.
  4. The FTC has statutory authority to establish and implement the national d-not-call registry.
Of course this does nothing to stop the political advertising phone calls that are bound to pick up as we get closer to the election. "
 
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