• Court of Appeals of Upholds Constitutionality of National Do-Not-Call Registry
  • February 27, 2004
  • Law Firm: Kilpatrick Stockton LLP - Atlanta Office
  • On February 17, 2004, the United States Court of Appeals for the Tenth Circuit in Mainstream Marketing Serv., Inc. v. Federal Trade Comm'n, Nos. 03-1429, 03-6258, 03-9571, 03-9594, 2004 WL 296980 (10th Cir. Feb. 17, 2004), ruled that the National Do-Not-Call Registry is constitutional and valid. This decision overturns a Colorado district court judge's determination that the registry violates the First Amendment rights of the telemarketers by restricting commercial telemarketing but allowing charitable and political solicitations. The court of appeals decision also rejected an Oklahoma district court ruling that the Federal Trade Commission lacked authority to promulgate the "no-call" rules.