[Congressional Record Volume 149, Number 132 (Wednesday, September 24, 2003)]
[Senate]
[Pages S11890-S11891]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          DO NOT CALL REGISTRY

  Mrs. FEINSTEIN. Madam President, I come to the floor because I have 
just learned of a decision made by an Oklahoma district judge that the 
National Do-Not-Call registry is invalid. This is amazing to me.
  This is the result, apparently, of a lawsuit filed by the Direct 
Marketing Association, U.S. Security, Chartered Benefit Services, 
Global Contact Services, and in InfoCision Management Corporation 
challenging the Federal Trade Commission's authority to implement the 
wishes of millions of

[[Page S11891]]

Americans who have gone on the Federal Trade Commission's web site and 
signed up to say to telemarketers they don't want to be called.
  I would like to read into the Record a statement of FTC Chairman 
Timothy Muris. He said:

       Late last year, the Federal Commission issued rules 
     creating the National Do Not Call Registry under the 
     Telemarketing and Consumer Fraud and Abuse Prevention Act. On 
     February 13, 2003 the Congress passed the Do Not Call 
     Implementation Act, which authorized the FTC to collect fees 
     from sellers and telmarketers to ``implement and enforce the 
     provisions relating to the `do-not-call' registry.'' The 
     President signed this bill on March 11, 2003. Moreover, on 
     February 20, 2003, the President signed the Omnibus 
     Appropriations Act, which authorizes the FTC to ``implement 
     and enforce the do-not-call provisions of the Telemarketing 
     Sales Rule.''
       Despite this clear legislative direction, the U.S. District 
     Court for the Western District of Oklahoma has ruled that the 
     FTC exceeded its authority in creating the National Do Not 
     Call Registry.
       This decision is clearly incorrect. We will seek every 
     recourse to give American consumers a choice to stop unwanted 
     telemarketing calls.

  This registry is due to go into effect in a week. A Federal judge has 
essentially prevented it from going into effect. In a week, tens of 
millions of Americans who have registered their names not to be called 
by telemarketers are going to find out that it is all a myth. They are 
going to get called in any event. I think they are going to be very 
angry.
  I also believe this decision strikes a blow against the basic privacy 
interests of millions of Americans. Presently, these people are 
subjected to unwanted marketing calls to their homes at all times of 
the day, including the dinner hour. The FTC's Registry will give 
Americans who want to avoid these unsolicited sales pitches an option 
to stop their telephone from ringing.
  As I mentioned, tens of millions of Americans have registered more 
than 50 million phone numbers for this program. Ultimately, the Federal 
Trade Commission expects 60 percent of the Nation's households with 
approximately 60 million home phone lines to sign on to the registry. 
This registry is crucial because it puts consumers in charge of the 
number of telemarketing calls they receive. Telemarketers who disregard 
the Registry could be fined up to $11,000 per call.
  The district court today ruled that the Do Not Call Registry is 
``invalid''--that is the word the judge used in his decision--because 
it was created without congressional authority.
  This conclusion I find surprising since Congress passed H.R. 395, the 
Do-Not-Call Implementation Act on February 13th of this year. The 
legislation clearly authorizes the Federal Trade Commission and the 
Federal Communications Commission to collect fees sufficient to 
implement the Registry. And the Appropriations Committee granted $18 
million for the program.
  I also note that the FTC's rule came after the most extensive 
deliberations. The FTC announced its plan to proceed with the Registry 
on December 18, 2002, after receiving 64,000 comments. The overwhelming 
majority of these comments favored the creation of the Registry. 
Millions of Americans were promised protection from annoying, unwanted 
telemarketing calls starting October 1. They are truly going to be 
outraged by this.
  There are two ways of going about this. The first is to let the FTC 
appeal the case, which they have just said they are going to be in the 
process of doing. The other is to perhaps unanimously adopt and pass 
legislation which clearly authorizes, specifically authorizes--and in 
bold letters authorizes so that no Federal judge can misunderstand it--
and get this done as quickly as we can. I have asked my Judiciary 
counsel to prepare this legislation. We will be submitting it before 
the end of the day.
  I would like to invite all of my colleagues to join as cosponsors. 
Then, hopefully, we will be able to move this through very quickly, 
particularly in view of the fact that we believed we did authorize it 
earlier, the President did sign it earlier this year, and we believed 
it was a concluded issue.
  I ask unanimous consent to have printed in the Record the judgment of 
the Western District Court of Oklahoma which finds that the portion of 
the final amended rule that pertains to the National Do Not Call 
Registry is invalid.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

    In The United States District Court for the Western District of 
                                Oklahoma


   u.s. security, et al., Plaintiffs, vs. federal trade commission, 
                               defendant

                       no. civ-03-122-w--judgment

       Pursuant to the Order filed this date, the Court finds that 
     judgment should be and is hereby entered as a matter of law 
     in favor of the plaintiffs, U.S. Security, Chartered Benefit 
     Services, Inc., Global Contact Services, Inc., InfoCision 
     Management Corporation and Direct Marketing Association, 
     Incorporated, on the plaintiffs' claims that that portion of 
     the Final Amended Rule that pertains to the national do-not-
     call registry is invalid. The Court further finds that 
     judgment should be and is hereby entered as a matter of law 
     in favor of the defendant, Federal Trade Commission, on all 
     remaining claims asserted by the plaintiffs.
       Dated at Oklahoma City, Oklahoma, this 23rd, day of 
     September, 2003.
       Lee R. West, United States District Judge.

  Mrs. FEINSTEIN. Madam President, I have concluded within the 10 
minutes. I thank the Chair. I yield the floor.
  Mr. COCHRAN. Madam President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The legislative clerk proceeded to call the roll.
  Mr. COCHRAN. Madam President, I ask unanimous consent that the order 
for the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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