Congress cannot overrule ‘Do Not Call’ List court victories for telemarketers; a ‘tragedy’ for consumers

The recent decisions by Oklahoma and Colorado federal courts invalidating the Federal Trade Commission’s “Do Not Call List” were major victories for telemarketing companies, “but a tragedy for the rest of us,” says Neil M. Richards, associate professor of law at Washington University in St. Louis. “Even with the quick reversal of the Oklahoma decision by Congress and President Bush, the Colorado decision remains a major roadblock for the List,” notes Richards. “The FTC and the Federal Communications Commission have been warned by Judge Harrington in Colorado not to go against his order, and Congress has no power to overrule the judge’s decision- they cannot change the meaning of the First Amendment as interpreted by the Courts.”