DMA STATEMENT RE: 10th Circuit Court of Appeals Decision
NEW YORK, October 7, 2003 - The Direct Marketing Association (The DMA) today advised its members that the 10th Circuit Court of Appeals has stayed the ruling of the U.S. District Court for the District of Colorado, which held that the Federal Trade Commission's (FTC) Do-Not-Call Rule is unconstitutional by violating the First Amendment.
This decision appears to effectively allow the FTC and the Federal Communications Commission (FCC) to proceed with their plans to administer a national do-not-call list.
The DMA had called on its members and the entire industry to abide by the wishes of consumers who had placed their household phone numbers on the list even though the legality of the registry had been in doubt.
DMA members, who had been blocked from obtaining the database due to recent court challenges and the FTC's prescription against sharing the list, should effectively be able to obtain the registry as soon as the FTC allows - ensuring that consumers' wishes continue to be honored.
The DMA commissioned a poll over the weekend of October 3-5. The poll demonstrated that during the period of legal uncertainty about the list - when voluntary compliance by the marketing industry effectively became the law of the land - the percent of American households who reported not receiving telephone marketing calls jumped from 13 percent prior to October 1 to a whopping 43 percent after October 1.
In addition, approximately 60 percent of American adults believed that having registered for the list was either "effective" or "very effective." The nationwide survey was conducted by Opinion Research Corporation, Inc. of Princeton, NJ and is accurate to within +/- 3 percent.
The DMA continues to believe that it is not the proper role of government to create and implement a national do-not-call list.
In spite of today's announcement, the myriad actions over the past few weeks have shown that the implementation of the government-run list has raised serious concerns that have yet to be answered.
The DMA is considering all options in light of the court of appeals decision to handle this case in a truly expedited manner. Oral arguments are scheduled for November 10, 2003.