Congress OKs stronger ‘do not call’ legislation

WASHINGTON – With remarkable speed and near unanimity, Congress on Thursday passed legislation intended to ensure consumers can block many unwanted telemarketing calls. But whether the service millions of Americans signed up for takes effect next week was thrown into doubt when a second federal court judge ruled the list violates free speech protections.

U.S. District Judge Edward W. Nottingham in Denver blocked the list late Thursday, handing another victory to telemarketers, who argued the national registry is unconstitutional and will devastate their industry.

His decision came shortly after the House and Senate voted overwhelmingly for a bill making clear that the Federal Trade Commission has the power to enforce the “do not call” list. The legislation was prompted by an earlier ruling by a federal judge in Oklahoma City who said the FTC lacked the power to create and operate the registry.

The House voted 412-8 and the Senate 95-0 for the bill. President Bush said he looked forward to signing it. “Unwanted telemarketing calls are intrusive, annoying and all too common,” he said in a statement.

The list that would block an estimated 80 percent of telemarketing calls is supposed to be effective Wednesday, but it’s unclear whether legal issues will be settled by then. Even after Bush signs the legislation, the FTC must win in court for the list to move forward.

Despite the uncertainty, the FTC is encouraging people to continue signing up for the list at the Web site www.donot

call.gov or by calling (888) 382-1222.

The FTC asked U.S. District Court Judge Lee R. West to block the order he issued Tuesday that declared the agency lacked proper authority to oversee the list. He declined Thursday, and the FTC immediately appealed to the 10th U.S. Circuit Court of Appeals in Denver.

The FTC had no immediate comment on Nottingham’s ruling, but it also probably will end up with the 10th Circuit.

During brief debates, House and Senate members made it clear they want the list.

“Clearly the court’s decision was misguided,” said Sen. John McCain, R-Ariz., referring to West. “The measure before us makes crystal clear the commission can and should proceed with the do-not-call list.”

He said the ruling has “served as a rallying cry for the tens of millions of American households who signed up for the registry.”

The ruling caught lawmakers off guard but they responded with remarkable speed. Bills can take months or even years to pass, but the do-not-call legislation was drafted and approved in both chambers in little more than 24 hours.

The rapid response underscored the popularity of the list, which after fewer than four months already has nearly 51 million numbers.

“This legislation got to the House floor faster than a consumer can hang up on a telemarketer at dinnertime,” said Rep. Edward Markey, D-Mass.

“I was pleased to co-sponsor this legislation,” said Rep. Mike Michaud, D-Maine, in a press release. “Americans have made it clear that they will no longer put up with unwanted telemarketing calls.”

“With the overwhelming public endorsement of the national ‘do not call’ registry – estimates exceeding 50 million phone numbers – the responsible and just action is to ensure the necessary legislation is enacted on time,” Sen. Olympia J. Snowe, R-Maine, said. Fellow Senate Republican Susan Collins of Maine said, “The state of Maine has been extremely aggressive about arming Mainers with the power to stop unsolicited telemarketing calls. Families and individuals who choose to stop the flow of calls and report companies who refuse to comply will now have the power of the federal government behind them as well.”

Since issuing the ruling, West’s home and office have been bombarded with calls from angry consumers. His numbers were posted on the Internet and people were encouraged to call.

“They just keep calling to harass us, like the telemarketers harass them, I guess,” said Rick Wade, operations manager at the district clerk’s office.

Despite the torrent of angry calls Thursday, West rejected the FTC’s request to block his order, saying the agency offered no additional evidence that would make him change his mind.