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High court refuses to hear challenge to 'robo-call' law

By The Associated Press
10.10.06

WASHINGTON — The Supreme Court turned away an appeal today from a northern Virginia political-polling firm that had sought to challenge a North Dakota law that bars telemarketers from making prerecorded interstate calls to that state's residents.

The North Dakota Do-Not-Call law says callers cannot use robo-call machines unless a live operator first obtains the subscriber's consent before a prerecorded message is delivered.

The Herndon, Va., political-polling firm, FreeEats.com, has argued that the North Dakota law is preempted by the federal Telephone Consumer Protection Act, which allows prerecorded non-commercial calls. Justices declined to review a North Dakota Supreme Court ruling upholding the law.

FreeEats.com used a prerecorded voice to ask questions about gun rights, abortion and tuition tax credits for attending private schools. Recipients were asked to respond by pushing buttons on their touch-tone phones.

The case is FreeEats.com v. North Dakota, 06-127.


Related

Supreme Court spurns challenge of N.D. 'do not call' law

Telemarketing measure bars most groups from using professional fundraisers to call people who don't want to be called. 05.16.06

Indiana can block automated political calls

Federal judge rejects claim that ban on such phone calls is unconstitutional restraint on free speech, interstate commerce. 10.26.06

Ore. legislators target automated political phone calls
One bill would outlaw almost all prerecorded messages of any kind; another would eliminate free-speech hurdle — by asking voters to change state constitution. 03.13.07

Federal appeals court tosses challenge to Ind. automated-call ban
Group had asked 7th Circuit to overturn ruling that law doesn't violate free speech, but three-judge panel rules case should be dismissed because it doesn't belong in federal court. 09.13.07

Congress votes to make 'Do Not Call Registry' permanent
Lawmakers send President Bush two measures to continue popular program shielding consumers from unwanted phone calls from telemarketers. 02.07.08

State, federal lawmakers target political 'robo-calls'
Legal experts warn that campaign-related calls could raise constitutional questions that commercial pitches don't. 02.08.08

FTC to muzzle 'robocalls' further
Starting Sept. 1, telemarketers will need written permission from customers in order to make many types of pre-recorded calls. 08.28.09

Telemarketing

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