Communications Advisory: National Do-Not-Call Registry Upheld as Constitutional: A Summary of the Tenth Circuit's Decision in MainStream Marketing Services, Inc. v. Federal Trade Commision
2/20/2004
On February 17, 2004, the United States Court of Appeals for the Tenth Circuit issued a decision upholding the constitutionality of the national do-not-call ("national DNC") registry. Specifically, the court determined that the do-not-call list is a valid commercial speech regulation that directly advances government?s important interests in safeguarding personal privacy and reducing the danger of telemarketing abuse without burdening an excessive amount of speech.
Topics covered in this issue:
· Background and Overview
· First Amendment Analysis
· Registry Fees
· The FTC's Statutory Authority
· Anticompetitive Effect of The Established Business Relationship (EBR)
· Appeal of the Decision
