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Telemarketers Unsuccessful In Blocking No Call List

Judge Rules No-Call List Legal

POSTED: 9:54 a.m. MDT June 26, 2002
UPDATED: 6:53 p.m. MDT June 26, 2002

The dinner hour around your house should soon be much quieter.

On Wednesday, a federal judge said no to a group of telemarketers challenging the state's new no-call telemarketing law.

Judge Robert E. Blackburn refused to grant a temporary restraining order, saying that people have a right to privacy in their own homes.

"The primacy of a citizen's privacy in their home is undeniable," Blackburn told a crowded courtroom that included many telemarketers.

He said the state has a legitimate interest in making sure those wishes are followed.

"The plaintiffs who have brought this lawsuit seriously underestimate the fury and resolve of Colorado's citizens over their intrusive practices," said attorney general Ken Salazar.

Nearly 800,000 of the state's 2 million registered phone customers have placed their names on the list.

Telemarketers must pay up to $500 a year to access the no call list and must stop calling those numbers or face fines and other penalties.

But telemarketing groups say the law infringes on First Amendment rights to free speech and would cause them irreparable economic harm.

"It's going to put us out of business, that's what it's going to do," said Treve Kinsey, a salesman for 20th Century Mortgage.

However, being on the list won't make all unsolicited calls a violation. For instance, charitable groups and companies that already do business with residents, such as the phone company, could still call.

The coalition of about 20 business groups, called Colorado Citizens for Free Speech, said that it will continue its legal challenge.

"Because this law is riddled with loopholes and exemptions for politicians, pollsters, fundraisers, charities, and a handful of privileged, large corporations, it represents a clear violation of First Amendment rights," said CCFS executive director Jeff Burke said. "Nowhere in the Constitution, nor in the common-sense rules that guide American fair play, will you find it stated that a corporate giant like Qwest can call you in your home, while a small window manufacturing company cannot do the same thing without violating the law."

Telemarketers must buy the list within 20 days of each quarterly update. Companies who violate the no-call agreement and have three or more complaints in a month can be prosecuted and fined $2,000 per violation. Out-of-state companies are not exempt.

If you want to sign up for the no-call list, you can call (888) 249-9097 or sign up through www.coloradonocall.com. It is free.

Those who had signed up before May 31 will be on the list effective July 1. Those who signed after May 31 will not have their number provided to telemarketers until Oct. 1.


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