DO-NOT-CALL LIST WINS IN COURT
WASHINGTON (AFP eWire - Feb. 23, 2004) - A major challenge to the legality of the Federal Trade Commission's (FTC) National Do-Not-Call Registry was rejected by a federal court last week, leaving the list in place and operational.
While charities and fundraisers working on behalf of charities do not have to comply with the do-not-call regulation, legal challenges to the list have focused on the constitutionality of exempting charities and political organizations from the list's requirements.
Despite the decision of the U.S. Court of Appeals for the 10th Circuit that stated the do-not-call list was constitutional, there are still several other challenges in various state courts. This case, which consolidated four other cases, had been seen as a primary battleground for the list and a barometer for how other courts might decide the issue.
To date, more than 57 million individuals have registered with the FTC and its National Do-Not-Call Registry. The FTC also has reported that compliance with the list's requirements has been good, with only 150,000 complaints in 2003.
AFP will continue to monitor other cases involving the do-not-call list and any potential impact they may have on charitable fundraising.