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CNN Live Sunday
Interview With Timothy Muris
Aired September 28, 2003 - 10:12 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.
SEAN CALLEBS, CNN ANCHOR: The "Do Not Call" list may be unplugged at the moment, but it remains the subject of a nationwide debate. Right now, the registry has been blocked by a federal judge. But federal regulators aren't giving up their legal fight with new moves to appeal the ruling.
We have both sides of the dispute this morning. We will hear from the Telemarketing Association in just a moment, but first, Federal Trade Commission chairman, Timothy Muris joins us now from Washington, D.C. Thanks so much for joining us. We certainly appreciate it to try and put all of this in perspective.
TIMOTHY MURIS, FTC CHAIRMAN: Thank you, Sean.
CALLEBS: Let's just talk a bit about the judge's ruling last week. As I understand, as it cuts to the core, basically it's saying that, by blocking telemarketers, it is basically discrimination. That charitable groups, religious organizations have that right, but, in essence, they would be setting aside something that would make that improper, illegal for the telemarketers.
MURIS: Well, there are numerous problems with what the judge said. First, the judge said that our "Do Not Call" registry does not advance protecting privacy. Now, that's palpably wrong, because there are over 50 million phone numbers registered.
Second, the judge said that you have to treat charities and commercial speech the same. Well, the Supreme Court has repeatedly said that charitable solicitation has more constitutional protection than commercial speech. So we believe that the judge is wrong, it will eventually be reversed. And, indeed, Friday, the 10th Circuit, which is the circuit to which we will appeal, ruled in a virtually identical case that the telemarketers are unlikely to prevail on the merits.
CALLEBS: So tell us what you can for all these millions of people who signed up, is there hope that they are going to be able to stop being bothered in the evening, in the morning, whenever, either by this appeal -- will it happen quickly -- or by congressional action?
MURIS: Well, the telemarketers are claiming that they have a constitutional right to bother you at dinner, to bother you when you're doing homework with your children. We think that's obviously wrong. We think and we're hopeful that we'll get a stay of the lower court judge's ruling. But if we don't, we'll ultimately prevail. CALLEBS: OK. Some people are saying that an appeal process could drag out for as much as two years. That is going to frustrate a lot of people, if indeed that does happen.
MURIS: Yes, it will. Yes, it will. But let me make a prediction that we will ultimately -- and I hope with the stay we'll have it very soon -- but we'll ultimately have a national "Do Not Call" registry. It will be enforced by the Federal Trade Commission. And the antics of the telemarketers will mean that the size of the "Do Not Call" registry will be enormously larger.
I think that what they've done, the arguments that they've made with some of their leaders, gleefully saying that now we can call anybody we want and interrupt them, I think that has continued to annoy the American public. And I believe that because of those antics, the number of people on this registry will be enormously larger than it would have been otherwise.
CALLEBS: Timothy Muris, thanks very much for joining us. FTC chairman from Washington this morning. We certainly appreciate your insight on this.
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 28, 2003 - 10:12 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
SEAN CALLEBS, CNN ANCHOR: The "Do Not Call" list may be unplugged at the moment, but it remains the subject of a nationwide debate. Right now, the registry has been blocked by a federal judge. But federal regulators aren't giving up their legal fight with new moves to appeal the ruling.
We have both sides of the dispute this morning. We will hear from the Telemarketing Association in just a moment, but first, Federal Trade Commission chairman, Timothy Muris joins us now from Washington, D.C. Thanks so much for joining us. We certainly appreciate it to try and put all of this in perspective.
TIMOTHY MURIS, FTC CHAIRMAN: Thank you, Sean.
CALLEBS: Let's just talk a bit about the judge's ruling last week. As I understand, as it cuts to the core, basically it's saying that, by blocking telemarketers, it is basically discrimination. That charitable groups, religious organizations have that right, but, in essence, they would be setting aside something that would make that improper, illegal for the telemarketers.
MURIS: Well, there are numerous problems with what the judge said. First, the judge said that our "Do Not Call" registry does not advance protecting privacy. Now, that's palpably wrong, because there are over 50 million phone numbers registered.
Second, the judge said that you have to treat charities and commercial speech the same. Well, the Supreme Court has repeatedly said that charitable solicitation has more constitutional protection than commercial speech. So we believe that the judge is wrong, it will eventually be reversed. And, indeed, Friday, the 10th Circuit, which is the circuit to which we will appeal, ruled in a virtually identical case that the telemarketers are unlikely to prevail on the merits.
CALLEBS: So tell us what you can for all these millions of people who signed up, is there hope that they are going to be able to stop being bothered in the evening, in the morning, whenever, either by this appeal -- will it happen quickly -- or by congressional action?
MURIS: Well, the telemarketers are claiming that they have a constitutional right to bother you at dinner, to bother you when you're doing homework with your children. We think that's obviously wrong. We think and we're hopeful that we'll get a stay of the lower court judge's ruling. But if we don't, we'll ultimately prevail. CALLEBS: OK. Some people are saying that an appeal process could drag out for as much as two years. That is going to frustrate a lot of people, if indeed that does happen.
MURIS: Yes, it will. Yes, it will. But let me make a prediction that we will ultimately -- and I hope with the stay we'll have it very soon -- but we'll ultimately have a national "Do Not Call" registry. It will be enforced by the Federal Trade Commission. And the antics of the telemarketers will mean that the size of the "Do Not Call" registry will be enormously larger.
I think that what they've done, the arguments that they've made with some of their leaders, gleefully saying that now we can call anybody we want and interrupt them, I think that has continued to annoy the American public. And I believe that because of those antics, the number of people on this registry will be enormously larger than it would have been otherwise.
CALLEBS: Timothy Muris, thanks very much for joining us. FTC chairman from Washington this morning. We certainly appreciate your insight on this.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
