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10th Circuit Court of Appeals Upholds the Do-Not-Call List |
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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:
- 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.
- The registry fees telemarketers must pay to access the list are a permissible measure designed to defray the cost of legitimate government regulation.
- It was not arbitrary and capricious for the FCC to adopt the established business relationship exception.
- 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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