Congress Screws the Pooch Once More...

Posted:
in General Discussion edited January 2014
...from the Washington Post



Quote:

A U.S. District Court has knocked down the federal government's plan to curb unsolicited telemarketing calls through a national do-not-call list that was scheduled to start next week.



More than 50 million phone numbers have been posted to the anti-telemarketing registry; as of October 1, telemarketers were supposed to stop calling those numbers.



Judge Lee R. West in Oklahoma City issued a decision late Monday saying the Federal Trade Commission lacked authority to develop the list.



Although Congress gave the agency funding to run the list, it did not give the FTC specific authority to implement the list, West said. An administrative agency's power to regulate in the public interest must "always be grounded in a valid grant of authority from Congress," West said.





Short-sighted, lobbyist-loving dickheads. That, or the judge was bought and paid for by telemarketing scumbag corporations. Oh wait, that's kind of redundant.
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Comments

  • Reply 1 of 57
    Quote:

    Originally posted by Moogs

    ...from the Washington Post









    Short-sighted, lobbyist-loving dickheads. That, or the judge was bought and paid for by telemarketing scumbag corporations. Oh wait, that's kind of redundant.




    Someone on /. posted the phone number for the Judge in this case. Not surprisingly, his receptionist now just hangs up the phone when it rings.
  • Reply 2 of 57
    moogsmoogs Posts: 4,296member
    Maybe it's just because I'm pissed, but I can see only one of two possibilities here. Either:



    A) The judge was paid off somehow / got some professional benefit from his decision... meaning he knew he was splitting hairs and thus his ruling was a political act.



    or



    B) Congress really WAS supposed to have laid out a specific groundwork, giving the FTC the authority to put this plan into action, and they chose not to because either:



    1) They were lobbied



    or



    2) They simply didn't consider it when they should have.





    This just sucks beyond words....
  • Reply 3 of 57
    shetlineshetline Posts: 4,695member
    Quote:

    Originally from the Washington Post

    Although Congress gave the agency funding to run the list, it did not give the FTC specific authority to implement the list, West said. An administrative agency's power to regulate in the public interest must "always be grounded in a valid grant of authority from Congress," West said.



    Maybe this isn't about giving into lobbyists for the telemarketers. Maybe this is about having a bill rushed through Congress at the last minute to grant the needed authority... oh, with a few special riders on the bill like, oh, permitting drilling in the Artic Wildlife Refuge.
  • Reply 4 of 57
    moogsmoogs Posts: 4,296member
    Ah yes, then there's always that. A wise man you are, Sir Shetline.



    Today brought better news of this issue however. Simply AMAZING how fast Congress can get together and ACT on a particular issue when they want to isn't it? 24 hours was all it took to get massive support for a new bill / "addendum" to grant the FTC the proper authority, and have it pass through both the House and Senate.



    What the hell do these people spend their time on the rest of the Congressional session? Power-lunches and philabusters? Really makes me question the way the whole thing is structured... that they can constantly bitch that "it's not my fault nothing got done... it's Congressional GRIDLOCK, maaan!" when in reality, they can pass just about any law at any time if they are of a mind to cooperate.



    Then again, telemarketers are hated equally by everyone so it's not surprising there is no opposition (except where the odd lobbyist is concerned -- no doubt that's where those ~ 8 abstensions / no-votes came from today in the House).



  • Reply 6 of 57
    ebbyebby Posts: 3,110member
    Technically Congress did not specifically give direct authorization to make the list, but they did fund/support it. This is all about details and if the list is canceled, everyone needs to grab a pitchfork and torch.
  • Reply 7 of 57
    moogsmoogs Posts: 4,296member
    I don't get it. If they didn't put the proper written authorization verbiage into the bill the first time around, and then it got struck down for that reason, why in God's name would they not have put that verbiage into yesterday's bill?



    What's the point? Just to make a gesture that says "we support this!" Like a federal judge will really give a crap.



    This is gonzo... makes no sense at all. Apparently the judges think that tens of millions of people who elected to sign up of their own free will are having decisions "made for them" by the FTC. More proof our court system needs an overhaul....
  • Reply 8 of 57
    Man the world is so Fvcked.
  • Reply 9 of 57
    Quote:

    Originally posted by Not Unlike Myself

    Man the world is so Fvcked.



    word...



    though I am kind of for them going against this bill. I have plenty of friends, who would have lost their jobs if this went through...
  • Reply 10 of 57
    I don't like cold calls, but government should not block them. We don't live in a socialist state.
  • Reply 11 of 57
    Quote:

    Originally posted by Splinemodel

    I don't like cold calls, but government should not block them. We don't live in a socialist state.



    What's your phone number? I'll tell the tele-marketers to screw off when they interrupt me and that you're willing to take their calls.



    I didn't get a phone line to have another avenue of marketing opened. I only expect to receive phone calls from people that I gave my phone number to.



    The occasional call from someone who can't read their own writing is okay. Wrong number diallers get annoying when they can't be convinced that the number they wrote down is wrong and they call back 3 or 4 times.
  • Reply 12 of 57
    bungebunge Posts: 7,329member
    Would this 'freedom of speech' conclusion have an effect on the anti fax-spam laws? The courts have already ruled that you can't spam fax a business because it creates an expense. The penalties for spamming in this manner are rather severe; I believe $500 per offense. It should be no difference for a phone call because time is money.



    Or are the courts going to protect businesses while not protecting individuals? That would be a shame.
  • Reply 13 of 57
    Another thing.



    The Direct Marketing Association is getting all riled up saying that the 'Do Not Call' list will reduce their profits and cause people to lose jobs.



    Yes, people will lose jobs, but this list will actually increase the tele-marketers efficiency and increase their profits.



    No longer will they have to waste time calling any of the 50 MILLION people who don't want to hear their drivel.



    They can reduce the size of their workforce and know that the people that they are calling are not so adverse to receiving marketing calls. This should increase the percentage of successful calls that each employee produces.



    If employees were to be saved, however, then the marketers would be able to complete each campaign in a much shorter period of time.



    Somehow I think that the people who didn't sign up for the DNC registry will be receiving many more calls.
  • Reply 14 of 57
    bungebunge Posts: 7,329member
    That's 50 Million numbers, not people. I'm sure it's still a lot of people, but we should try and keep it in perspective. Somehow I doubt one sixth of the population even knows about the program, much less did anything about it.
  • Reply 15 of 57
    Quote:

    Originally posted by bunge

    That's 50 Million numbers, not people. I'm sure it's still a lot of people, but we should try and keep it in perspective. Somehow I doubt one sixth of the population even knows about the program, much less did anything about it.



    Yeah, didn't think about that as I was typing. I did know it was 'numbers' not 'people'.



    Regardless, it's still 50 Million less calls to be made.
  • Reply 16 of 57
    bungebunge Posts: 7,329member
    Quote:

    Originally posted by audiopollution

    Yeah, didn't think about that as I was typing. I did know it was 'numbers' not 'people'.



    Regardless, it's still 50 Million less calls to be made.




    True. I just happened to make the same mistake at first and wondered how the hell that many people could do it.
  • Reply 17 of 57
    Quote:

    Originally posted by Splinemodel

    I don't like cold calls, but government should not block them. We don't live in a socialist state.



    Jesus ****ing Christ. You're so opposed to the very principle of socialism that you're prepared to abrogate your basic ****ing human right to privacy and a life without harassment just so that a complete ****ing stranger CAN TRY AND SELL YOU SOMETHING.
  • Reply 18 of 57
    outsideroutsider Posts: 6,008member
    My parents were once looking to replace our windows in the house. They didn't have time to go around and price compare. One day someone called our house and wanted to send someone out to do a free estimate. They were happy. The people came and got the job.



    I think we should analyze the kinds of calls we're getting, and not the fact that we're getting them. I've become quite good at politely declining and getting off the phone in less than 15 seconds. The people on the other side of the phone are humans too and should be treated with dignity and respect. And not that I've ever done telemarketing, but I'm just talking as a member of the human race.
  • Reply 19 of 57
    bungebunge Posts: 7,329member
    The calls cost people money to receive. That's been ruled as illegal.
  • Reply 20 of 57
    naplesxnaplesx Posts: 3,743member
    Quote:

    Originally posted by Hassan i Sabbah

    Jesus ****ing Christ. You're so opposed to the very principle of socialism that you're prepared to abrogate your basic ****ing human right to privacy and a life without harassment just so that a complete ****ing stranger CAN TRY AND SELL YOU SOMETHING.



    There is no mention of the right to privacy in the US constitution. That is a misconception.
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