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CNN Live At Daybreak

Another Legal Stumbling Block in 'Do Not Call' List

Aired September 26, 2003 - 06:23   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


CAROL LIN, CNN ANCHOR: Just when you thought you were days away from being free of those nagging telemarketing calls, there's another legal stumbling block.
CNN's Julie Vallese joins us now from Washington with an update -- I don't know how consumers are going to react to this, Julie.

There's a lot of confusion out there.

JULIE VALLESE, CNN CORRESPONDENT: There is a lot of confusion out there. It's kind of a gray area. We're in limbo. But when 50 million Americans speak, Congress at least listens. They passed legislation for do-not-call. But it's not longer in the hands of legislators because the constitution is speaking louder than consumers. It's now in the hands of lawyers.

(BEGIN VIDEOTAPE)

VALLESE (voice-over): Implementing the national do-not-call registry is no longer a question of authority.

REP. BILLY TAUZIN, (R-LA), COMMERCE COMMITTEE CHAIRMAN: The bill leaves no doubt as to the intent of Congress.

VALLESE: What is in doubt is whether tens of millions of Americans will get relief from telemarketers, thanks to the ruling by a federal judge in Denver, calling the rule unconstitutional.

TIM SEARCY, AMERICAN TELESERVICES ASSOCIATION: This one size fits all legislation is a waste of time and it's not constitutional.

VALLESE: A question of free speech, said the judge, manipulating consumer choice by not applying the rule to all, blocking calls from commercial telemarketers but not charities.

UNIDENTIFIED MALE: You can sell a magazine if you're a non- profit, but you can't call and sell a magazine if you're a for profit company.

VALLESE: Because of that, even the president's seal of approval, signing the bill into law, can't change a judge's ruling. Even so, the Federal Trade Commission is encouraging consumers to continue signing up for the registry, which already has more than 50 million consumers on the list.

Joe Wilchire (ph) signed up on day one. JOE WILCHIRE: I do want to be able to control what happens in my house and with regard to my family and my dinner hour. And the do- not-call registry allows me to regain some of that control of my own home.

VALLESE: A matter of improving quality of life, he says. But for now that control can only be done by hanging up.

(END VIDEOTAPE)

VALLESE: So, the $64,000 question, what does this mean to consumers, what does October 1 mean to consumers? Probably not much more than the first of the month, unless the courts move with the same swift action as Congress -- Carol.

LIN: We'll see what happens.

Thanks, Julie.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com






Aired September 26, 2003 - 06:23   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL LIN, CNN ANCHOR: Just when you thought you were days away from being free of those nagging telemarketing calls, there's another legal stumbling block.
CNN's Julie Vallese joins us now from Washington with an update -- I don't know how consumers are going to react to this, Julie.

There's a lot of confusion out there.

JULIE VALLESE, CNN CORRESPONDENT: There is a lot of confusion out there. It's kind of a gray area. We're in limbo. But when 50 million Americans speak, Congress at least listens. They passed legislation for do-not-call. But it's not longer in the hands of legislators because the constitution is speaking louder than consumers. It's now in the hands of lawyers.

(BEGIN VIDEOTAPE)

VALLESE (voice-over): Implementing the national do-not-call registry is no longer a question of authority.

REP. BILLY TAUZIN, (R-LA), COMMERCE COMMITTEE CHAIRMAN: The bill leaves no doubt as to the intent of Congress.

VALLESE: What is in doubt is whether tens of millions of Americans will get relief from telemarketers, thanks to the ruling by a federal judge in Denver, calling the rule unconstitutional.

TIM SEARCY, AMERICAN TELESERVICES ASSOCIATION: This one size fits all legislation is a waste of time and it's not constitutional.

VALLESE: A question of free speech, said the judge, manipulating consumer choice by not applying the rule to all, blocking calls from commercial telemarketers but not charities.

UNIDENTIFIED MALE: You can sell a magazine if you're a non- profit, but you can't call and sell a magazine if you're a for profit company.

VALLESE: Because of that, even the president's seal of approval, signing the bill into law, can't change a judge's ruling. Even so, the Federal Trade Commission is encouraging consumers to continue signing up for the registry, which already has more than 50 million consumers on the list.

Joe Wilchire (ph) signed up on day one. JOE WILCHIRE: I do want to be able to control what happens in my house and with regard to my family and my dinner hour. And the do- not-call registry allows me to regain some of that control of my own home.

VALLESE: A matter of improving quality of life, he says. But for now that control can only be done by hanging up.

(END VIDEOTAPE)

VALLESE: So, the $64,000 question, what does this mean to consumers, what does October 1 mean to consumers? Probably not much more than the first of the month, unless the courts move with the same swift action as Congress -- Carol.

LIN: We'll see what happens.

Thanks, Julie.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com