[Congressional Record (Bound Edition), Volume 149 (2003), Part 17]
[Senate]
[Page 22788]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          DO NOT CALL REGISTRY

  Mr. KOHL. Mr. President, regrettably, a Federal judge in Oklahoma has 
voided the Federal Trade Commission's national ``do not call'' list 
that was set to go into effect on October 1. This action frustrates the 
wishes of more than 48 million Americans who have signed up for the 
``do not call'' list. Though a judge ruled that the FTC lacked 
Congressional authority to create the national list, I strongly 
disagree and believe that Congress explicitly granted the Commission 
both the authority and the funding earlier this year to create a ``do 
not call'' list.
  Indeed, absent Congressional action, the FTC's ``do not call'' list 
would have failed to have become a reality this year. I recall 
discussing the matter with FTC Chairman Tim Muris at a hearing before 
the Antitrust Subcommittee last September. He asked me for help in 
getting Congressional authority in order to raise fees necessary to 
implement the ``do not call'' list. We were able to grant the 
Commission this authority in the Consolidated Appropriations Resolution 
which passed in February of this year. We further authorized the FTC's 
initiative in the Do-Not-Call Implementation Act on March 11, 2003.
  These actions more than authorized the FTC's ``do not call'' list, in 
my view. That said, this bill will make it crystal clear that Congress 
endorses, supports, and authorizes the FTC to create a national ``do 
not call'' registry.
  I commend the FTC's hard work to create a national ``do not call'' 
list. Such action was long overdue. The deluge of telemarketing sales 
calls is the number one consumer complaint in this country. It is a 
problem that has gotten out of control. The average American receives 
two to three telemarketing calls per day. I often receive even more 
than that. Some estimate that the telemarketing industry is able to 
make 560 calls per second or roughly 24 million calls per day. No 
wonder people feel like they are under siege in their own home. 
Therefore, we in Congress acted to ensure that the FTC's ``do not 
call'' list became a reality. Should we need to do more to overcome a 
court's objections, we can and shall do it.
  Given the enormous response of nearly 50 million Americans who have 
signed up in less than 3 months, the ``do not call'' list is clearly 
needed. Though I am troubled by the court's decision, we can set the 
record straight and authorize the FTC's action. I urge quick passage of 
this legislation, so that the ``do not call'' list can start up as 
scheduled on October 1, 2003.

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