Supreme Court justices rejected an appeal to overturn a lower-court ruling that upheld as constitutional the do-not-call registry used by consumers to avoid telemarketing solicitation. The appeal was made by the American Teleservices Association, Mainstream Marketing Services Inc., and TMG Marketing Inc., who argued that the list violated their free speech rights, unfairly didn’t apply to charitable or political solicitations, and that consumers could already block certain calls through less restrictive regulations.
The do-not-call list, developed from regulations adopted by the Federal Trade Commission and the Federal Communication Commission, has been in effect for a year and subjects telemarketers to fines of up to $11,000 if calls are made to a person on the list.
“We hold that the do-not-call registry is a valid commercial speech regulation because it directly advances the government’s important interests in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech,” said the appellate court asked to hear the case.
