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CNN Live Today
'Do Not Call' Registry on Hold Again
Aired September 26, 2003 - 10:00 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 COSTELLO, CNN ANCHOR: Up first this hour on CNN, the latest hang-up in the battle between Congress and telemarketers over the national do not call registry. In short, Congress passed it and 50 million of us signed up for it, then in the last couple of days, the federal court blocked it, Congresses passed it again, and another federal ruling has blocked it yet again. Can you keep up?
Lisa Sylvester is here to tell us more about what happens now.
Lisa, good morning.
LISA SYLVESTER, CNN CORRESPONDENT: Good morning, Daryn. You almost need a scorecard here -- it's on, now it's off, now it's on again, now it's off. That's pretty much how the story has developed over the last 48 hours. The do not call list It was to take effect next Wednesday, but a district judge in Oklahoma two days ago said Congress never gave the lead agency, the Federal Trade Commission, the proper authority. So Congress took action with lightning speed, rarely seen around here, motivated by the possible ire of 50 million consumers who are already sick and tired of getting telemarketing calls.
By midafternoon yesterday, the House had passed a bill, giving the FTC the explicit authority. That vote, 412 to 8. The Senate then came and passed an identical bill, vote 95-0. That was to be signed today by the president, so that the registry could go forward as planned.
But then last night, another judge ruled on a second related case, this time in Denver, and he sided with the telemarketers on First Amendment grounds.
The problem, according to the judge, is that the FTC would prohibit companies from calling consumers, but not stop charities or political organizations from soliciting funds. In the opinion of the judge --quote -- "The First Amendment prohibits the government from enacting laws creating a preference for certain types of speech based on content, without asserting a valid interest premised on content to justify its discrimination," end quote.
But lawmakers say they believe the judge's ruling was wrong.
(BEGIN VIDEO CLIP)
REP. JANE SCHAKOWSKY (D), ILLINOIS: There has always been a distinguishment between political speech and commercial speech, political speech being more heavily protected by the Constitution. So this is not new, to draw those different lines.
Beyond that, if a telemarketer from any one of the charitable or political organizations calls, and a consumer says, don't call me again, under the new rules, they would not be permitted to call again. And so we thought that we had taken care of all of the problems, and I think that we have.
(END VIDEO CLIP)
SYLVESTER: So now this is in legal limbo. It's unclear what happens at this point. The Federal Trade Commission is reviewing the opinion and will decide the appropriate course of action, and I don't think I'm going out on too much of a limb to say that I think the agency will appeal -- Daryn.
KAGAN: Sound like it. Or they actually will call back again and see how they can satisfy 50 million people who don't want those phone calls during the dinner hour.
Lisa Sylvester, thank you.
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 - 10:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: Up first this hour on CNN, the latest hang-up in the battle between Congress and telemarketers over the national do not call registry. In short, Congress passed it and 50 million of us signed up for it, then in the last couple of days, the federal court blocked it, Congresses passed it again, and another federal ruling has blocked it yet again. Can you keep up?
Lisa Sylvester is here to tell us more about what happens now.
Lisa, good morning.
LISA SYLVESTER, CNN CORRESPONDENT: Good morning, Daryn. You almost need a scorecard here -- it's on, now it's off, now it's on again, now it's off. That's pretty much how the story has developed over the last 48 hours. The do not call list It was to take effect next Wednesday, but a district judge in Oklahoma two days ago said Congress never gave the lead agency, the Federal Trade Commission, the proper authority. So Congress took action with lightning speed, rarely seen around here, motivated by the possible ire of 50 million consumers who are already sick and tired of getting telemarketing calls.
By midafternoon yesterday, the House had passed a bill, giving the FTC the explicit authority. That vote, 412 to 8. The Senate then came and passed an identical bill, vote 95-0. That was to be signed today by the president, so that the registry could go forward as planned.
But then last night, another judge ruled on a second related case, this time in Denver, and he sided with the telemarketers on First Amendment grounds.
The problem, according to the judge, is that the FTC would prohibit companies from calling consumers, but not stop charities or political organizations from soliciting funds. In the opinion of the judge --quote -- "The First Amendment prohibits the government from enacting laws creating a preference for certain types of speech based on content, without asserting a valid interest premised on content to justify its discrimination," end quote.
But lawmakers say they believe the judge's ruling was wrong.
(BEGIN VIDEO CLIP)
REP. JANE SCHAKOWSKY (D), ILLINOIS: There has always been a distinguishment between political speech and commercial speech, political speech being more heavily protected by the Constitution. So this is not new, to draw those different lines.
Beyond that, if a telemarketer from any one of the charitable or political organizations calls, and a consumer says, don't call me again, under the new rules, they would not be permitted to call again. And so we thought that we had taken care of all of the problems, and I think that we have.
(END VIDEO CLIP)
SYLVESTER: So now this is in legal limbo. It's unclear what happens at this point. The Federal Trade Commission is reviewing the opinion and will decide the appropriate course of action, and I don't think I'm going out on too much of a limb to say that I think the agency will appeal -- Daryn.
KAGAN: Sound like it. Or they actually will call back again and see how they can satisfy 50 million people who don't want those phone calls during the dinner hour.
Lisa Sylvester, thank you.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com