[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 242 Introduced in Senate (IS)]







108th CONGRESS
  1st Session
S. RES. 242

To express the sense of the Senate concerning the do-not-call registry.


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                   IN THE SENATE OF THE UNITED STATES

                            October 3, 2003

Ms. Murkowski submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

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                               RESOLUTION


 
To express the sense of the Senate concerning the do-not-call registry.

Whereas on September 25, 2003, the United States District Court for the District 
        of Colorado decided the case of Mainstream Marketing Services, Inc. v. 
        Federal Trade Commission, 2003 U.S. Dist. LEXIS 16807;
Whereas the case considered the constitutionality of the amended telemarketing 
        sales rules promulgated by the Federal Trade Commission, which 
        established a do-not-call registry;
Whereas the district judge held that the do-not-call registry violated the First 
        Amendment free speech rights of telemarketers and was therefore 
        unconstitutional;
Whereas on September 25, 2003, Congress passed legislation reaffirming the 
        authority of the Federal Trade Commission to establish the do-not-call 
        registry;
Whereas over 50,000,000 telephone consumers have signed up for the do-not-call 
        registry, which was to go into effect on October 1, 2003; and
Whereas the people of the United States have the right to protect the privacy of 
        their homes from unsolicited commercial telemarketing calls: Now, 
        therefore, be it
    Resolved, That the Senate--
            (1) strongly disapproves of the decision of the United 
        States District Court in Mainstream Marketing Services, Inc. v. 
        Federal Trade Commission; and
            (2) directs the Senate Legal Counsel--
                    (A) to intervene in any case brought to defend the 
                constitutionality of the do-not-call registry; or
                    (B) if unable to intervene, to file an amicus 
                curiae brief in support of the constitutionality of the 
                do-not-call registry.
                                 <all>