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Regulation and Compliance > Federal Regulation

Industry Ponders Oklahoma Do-Not-Call Decision

By Steven Brostoff

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NU Online News Service, Sept. 24, 2003, 6:25 p.m. EDT — Washington

Industry representatives say they are still assessing the effect of a decision by a federal court in Oklahoma that could prevent the Federal Trade Commission’s do-not-call list from taking effect.

The court ruled that the FTC exceeded its statutory authority in establishing the do-not-call list.

The FTC’s list was challenged by the Direct Marketing Association, New York.

Still unclear at this point, industry representatives say, is what impact the court decision will have on the do-not-call list regulation promulgated by the Federal Communications Commission.

It is the FCC’s regulation that applies to the insurance industry.

Industry representatives told National Underwriter that they would have to study the issue.

Members of Congress are blasting the federal court decision.

In a joint statement, Rep. Billy Tauzin, R-La., who chairs the House Energy and Commerce Committee, and Rep. John Dingell, D-Mich., the committee’s ranking Democrat, say they are “disappointed” by the decision and are confident it will be overturned.

“Contrary to the court’s decision, we firmly believe Congress gave the FTC authority to implement the national do-not-call list,” they say.

“We will continue to monitor the situation and will take whatever legislative action is necessary to ensure consumers can stop intrusive calls from unwanted telemarketers,” Tauzin and Dingell say.