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Interview With Kevin Grady

Aired September 24, 2003 - 14:33   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.


KYRA PHILLIPS, CNN ANCHOR: Well the do-not-call legal battle appears far from over, and may be just beginning. We're going to get more insight on the issue now from Kevin Grady, he's an attorney for (UNINTELLIGIBLE) here in Atlanta. He has represented several clients in FTC investigations.
Your first reaction when you heard this because I think all of us were looking forward to this list that we signed up for, for the first of October.

KEVIN GRADY, ANTITRUST ATTORNEY: I don't think the FTC has done anything as popular as this. I think what you'll see, Kyra, one of the things that's so important, the FTC has a big consumer protection program. They spend over half their resources on consumer protection issues.

This is probably one of the most significant once. This decision by the district court today, the summary judgment is going to be appealed. I would bet you dollars to doughnuts it will be appealed on an expedited basis.

And I would also think to the extent of the decision focused on whether or not the FTC had congressional authority to do what they did, I think you'll see a move in Congress to make sure it's very clear they do have the authority.

PHILLIPS: So what's your feeling? Do you think this will get overturned? Folks who signed up for the list can just sort of sit back and say I had a little scare there, everything's going to be OK. I'm not going to get the calls that drive me nuts.

GRADY: Well, Kyra, the great thing about not being involved in case on either side is I can comment directly.

(CROSSTALK)

GRADY: What I would say is that this a mere road block, it's a speed bump, if you will. When you have 50 million people sign up for the do not all and you have the FTC...

PHILLIPS: It's quite a message.

GRADY: Oh, it is. We're not talking about the California election, here. We're talking about something 50 million people all agree is important to them. And it's part of the consumer protection message and mission for the FTC. They're not going to let this go unchallenged. They'll appeal it for sure, and I think Congress will step in. It's a very popular voter issue. Stop and think about it, 50 million people have said they don't want the random calls. You don't want to get these random calls when you're home. I don't want these random calls when I'm at home.

And Tim Muris who's the new chair of the FTC has, I think since he became chair, the FTC has redoubled its consumer protection mission, and I know it's a very important mission for the leadership of the FTC.

PHILLIPS: So does the FTC have any other legal options here?

GRADY: They've got broad authority under Section 5 of the FTC Act which prohibits unfair methods of competition. It's part of their whole consumer protection program. They have extremely broad authority.

I haven't read the briefs of the FTC or the plaintiffs in the case. But I will say this that reading it at first blush, I give great credit to the lawyers if the plaintiffs. They must have done one heck of a good job. But the battle is beginning, I think.

PHILLIPS: Well we've already been receiving a lot of viewer comments, as you can imagine. One of the Miles was saying said wrote us and said, Give the number of the judge and everybody call him at dinner time. And he could get a feel for this decision he made.

Could we be in trouble for giving the judge's name?

GRADY: Well, just don't give my telephone number whatever you do.

PHILLIPS: Will you represent us?

GRADY: Sure. Oh yeah.

PHILLIPS: All right, well let's talk about what other potential effects this ruling could have. Is this just a speed bump like you said?

GRADY: I think it is a speed bump. One of the key issues, there were Constitutional issues raised by the court in its opinion, and I'm not minimizing those at all. I'm sure they're serious issues.

But the ultimate impact is one of No. 1, to the extent the court said the FTC did not have congressional authority. I think you'll find Congress giving the FTC clear authority to the extent there was any confusion before. But No. 2 this is part of the FTC's broad mission under Section 5 the act. I can't see an appellate court ruling the FTC should have mind business and not done this.

PHILLIPS: All right, so finally, quickly, beginning October this could go through? GRADY: It's possible. It depends how quickly they try to get an expedited appeal. Whether it goes through on October 1 or not, I can tell your listeners, as long as you and I are still breathing this will go into effect. It's too popular not to and it's too consistent with what the FTC's all about.

PHILLIPS: Excellent. All right, Kevin Grady, thank you so much.

GRADY: Real pleasure.

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 24, 2003 - 14:33   ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Well the do-not-call legal battle appears far from over, and may be just beginning. We're going to get more insight on the issue now from Kevin Grady, he's an attorney for (UNINTELLIGIBLE) here in Atlanta. He has represented several clients in FTC investigations.
Your first reaction when you heard this because I think all of us were looking forward to this list that we signed up for, for the first of October.

KEVIN GRADY, ANTITRUST ATTORNEY: I don't think the FTC has done anything as popular as this. I think what you'll see, Kyra, one of the things that's so important, the FTC has a big consumer protection program. They spend over half their resources on consumer protection issues.

This is probably one of the most significant once. This decision by the district court today, the summary judgment is going to be appealed. I would bet you dollars to doughnuts it will be appealed on an expedited basis.

And I would also think to the extent of the decision focused on whether or not the FTC had congressional authority to do what they did, I think you'll see a move in Congress to make sure it's very clear they do have the authority.

PHILLIPS: So what's your feeling? Do you think this will get overturned? Folks who signed up for the list can just sort of sit back and say I had a little scare there, everything's going to be OK. I'm not going to get the calls that drive me nuts.

GRADY: Well, Kyra, the great thing about not being involved in case on either side is I can comment directly.

(CROSSTALK)

GRADY: What I would say is that this a mere road block, it's a speed bump, if you will. When you have 50 million people sign up for the do not all and you have the FTC...

PHILLIPS: It's quite a message.

GRADY: Oh, it is. We're not talking about the California election, here. We're talking about something 50 million people all agree is important to them. And it's part of the consumer protection message and mission for the FTC. They're not going to let this go unchallenged. They'll appeal it for sure, and I think Congress will step in. It's a very popular voter issue. Stop and think about it, 50 million people have said they don't want the random calls. You don't want to get these random calls when you're home. I don't want these random calls when I'm at home.

And Tim Muris who's the new chair of the FTC has, I think since he became chair, the FTC has redoubled its consumer protection mission, and I know it's a very important mission for the leadership of the FTC.

PHILLIPS: So does the FTC have any other legal options here?

GRADY: They've got broad authority under Section 5 of the FTC Act which prohibits unfair methods of competition. It's part of their whole consumer protection program. They have extremely broad authority.

I haven't read the briefs of the FTC or the plaintiffs in the case. But I will say this that reading it at first blush, I give great credit to the lawyers if the plaintiffs. They must have done one heck of a good job. But the battle is beginning, I think.

PHILLIPS: Well we've already been receiving a lot of viewer comments, as you can imagine. One of the Miles was saying said wrote us and said, Give the number of the judge and everybody call him at dinner time. And he could get a feel for this decision he made.

Could we be in trouble for giving the judge's name?

GRADY: Well, just don't give my telephone number whatever you do.

PHILLIPS: Will you represent us?

GRADY: Sure. Oh yeah.

PHILLIPS: All right, well let's talk about what other potential effects this ruling could have. Is this just a speed bump like you said?

GRADY: I think it is a speed bump. One of the key issues, there were Constitutional issues raised by the court in its opinion, and I'm not minimizing those at all. I'm sure they're serious issues.

But the ultimate impact is one of No. 1, to the extent the court said the FTC did not have congressional authority. I think you'll find Congress giving the FTC clear authority to the extent there was any confusion before. But No. 2 this is part of the FTC's broad mission under Section 5 the act. I can't see an appellate court ruling the FTC should have mind business and not done this.

PHILLIPS: All right, so finally, quickly, beginning October this could go through? GRADY: It's possible. It depends how quickly they try to get an expedited appeal. Whether it goes through on October 1 or not, I can tell your listeners, as long as you and I are still breathing this will go into effect. It's too popular not to and it's too consistent with what the FTC's all about.

PHILLIPS: Excellent. All right, Kevin Grady, thank you so much.

GRADY: Real pleasure.

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