The fate of the national do-not-call registry remains unclear today, in the wake of two federal court decisions declaring the registry unlawful, and congressional response in the form of new legislation specifically authorizing the registry.

On Sept. 23,  the U.S. District Court for the Western District of Oklahoma held that the Federal Trade Commission (“FTC”) does not have statutory authority to establish a national do-not-call registry (Click here and here for more info).  Two days later, Congress passed legislation specifically authorizing the registry.  Within hours after that vote, however, a second judge declared the program a violation of free speech.  The U.S. District Court for the District of Colorado found that the registry is unconstitutional because certain callers (charitable organizations) are exempt from the federal requirements.

The latest decision appears to block, at least temporarily, the national program scheduled to begin Oct. 1, which would prohibit telemarketers from calling the 50 million phone numbers that are currently on the national do-not-call list.   As acknowledged by the FTC, the Colorado court’s reasoning, if adopted elsewhere, “would effectively cripple virtually every do-not-call registry in the United States, whether state or federal.”

The FTC, the Federal Communications Commission (“FCC”) and congressional leaders have vowed to take whatever steps are necessary to implement the national do-not-call registry. 

What does this mean for Pennsylvania newspapers?  The full impact of the ongoing federal battle is unclear.  Although it seems likely that the federal registry will be (at least) delayed, the ultimate fate of the list is far from clear.  Many are still confident that the list will be up and running in the near future.  In addition, the remaining (non-registry related) federal rules (both FTC and FCC) remain in place.  Finally, Pennsylvania’s telemarketing rules and registry remain in full effect. (More info on federal rules here)

So – the bottom line is this:  all Pennsylvania telemarketers must continue to abide by the state do-not-call list and related rules.  There are also a number of (non-registry related) FTC and FCC rules that you must consider in adopting your telemarketing policies.  At this point, given the volatile nature of the dispute over the national registry, you should remain ready to implement the federal list on Oct. 1, 2003, if necessary.  Please continue to check our website for any updated information regarding the federal list.

The PNA will be carefully monitoring these issues, and will keep you informed about any significant developments.

Please remember that the remaining FTC, FCC and state rules regarding telemarketing are still in place.  In addition, the Pennsylvania Attorney General’s office has been actively enforcing the Pennsylvania Telemarketer Registration Act, and has been levying significant fines against telemarketers who violate the Act.  Fines for violating the Pennsylvania Act can be as high as $3,000 per violation.  Fines for violating the federal rules can be as high as $11,000 per call.

Contact the PNA’s legal hotline at (717) 703-3080, or your counsel, if you have any questions or would like additional information about the telemarketing rules.

.