The future of the national do-not-call list remains in question after two federal courts ruled it unconstitutional just days before it was slated to take effect for approximately 50 million Americans.
The rulings, coupled with the decommissioning of Oregon’s do-not-call list in August, may leave thousands of Oregonians without any protection from telemarketers’ solicitations.
But protection might not be as necessary now as it was last week. On Sunday, the Direct Marketing Association — the nation’s largest telemarketing association representing more than 80 percent of companies making sales calls — stated it would cease to call any numbers listed in the national registry.
“Although we believe this is an inappropriate role for the government, we don’t want to catch the American consumer in our crossfire,” DMA President H. Robert Wientzen said. “We believe we should honor their wishes.”
For the past week, the status of the national list has changed daily. On Sept. 23, the first ruling by Judge Lee West found the Federal Trade Commission did not have specific congressional authority to implement the list, despite the fact that lawmakers ordered the commission to prevent abusive telemarketing practices.
Two days later, Congress responded by quickly pushing through legislation giving the agency specific authority to create and implement the list. Seemingly, the problem was solved.
But later that day, the future of the list was again called into question by a ruling from U.S. District Judge Edward Nottingham declaring the list unconstitutional on other grounds: a violation of free speech.
The FTC has since appealed the ruling and is asking for a stay of the decision. The Federal Communications Commission, on the other hand, stated it will begin fining telemarketing companies that call citizens on the list after Oct. 1. The FCC said the court rulings did not infringe on its right to enforce the list.
Local reactions to the rulings have been mixed.
Eugene resident and former telemarketer Sandra Wade-Erickson said her occupation was “one job I wouldn’t wish on my worst enemy.” She signed up on the national list and strongly supported its implementation, saying she hates to be constantly “harassed.”
She also said she felt the most recent decision calling the list a free speech violation had no bearing.
“As far as a violation of a freedom of speech, to me it’s more like it’s an infringement of somebody’s right to work,” she said. “As far as freedom of speech, I don’t think so.”
But University freshman Lane Jacobs said he thought the rulings were unimportant because everybody he knows hangs up when they get calls from solicitors anyway.
“If they don’t want to deal with (telemarketers); they are just going to hang up,” he said.
This summer, Oregon experienced a crippling blow to its own do-not-call list. On Aug. 28, Oregon Attorney General Hardy Myers declared the state list would be terminated as of Oct. 1 and urged Oregonians to register on the federal list, according to a press release from his office.
Kevin Neely, a spokesman for Myers’ office, said the state list was voided because the state refused to share the names on its list with the FTC and the FCC. Of the 180,000 Oregonians who paid $6.50 each to get on the state list, about 3,000 did not benefit from it before it was discontinued, and it appears that refunds will not be disbursed. Neely said his office is still working to secure refunds for the registrants, however.
Myers’ office is not sure what will happen next to the future of the lists.
“The only thing that I can tell you that is certain is that the Oregon Department of Justice has begun discussions with our administration to get (Oregon’s do-not-call list) off the ground,” he said.
“There are a lot of balls up in the air. At this point they may all be caught, or they may all hit the ground.”