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Congress, Courts Battle Over Do Not Call List

In a series of twists and turns, the Federal Trade Commission's Do Not Call list went from off to on to off again in a span of 24 hours. Late yesterday, Congress quickly passed a resolution overturning an Oklahoma federal court decision that had invalidated the registry earlier in the day. However, just minutes later a U.S. District Court in Colorado found that the Do Not Call list violated the First Amendment, throwing the status of the registry into disarray once again. Judge Edward W. Nottingham, ruling in favor of the American Teliservices Association, found the registry unconstitutional because it discriminated based on type of speech, allowing charitable organizations to call while banning telemarketers. It is unclear what the registry's fate will now be.

Call List Is Again Blocked In Court
The Washington Post, September 26, 2003