[C]ourtesy of Bloomberg: The appellate court, "in issuing its stay yesterday, said that the FTC would probably succeed in overturning Judge Nottingham's ruling. The judge said last month that blocking calls by commercial telemarketers violated their free-speech guarantees because they were unfairly singled out by a rule that exempted charitable solicitors and political campaigns. 'The preponderant source of the problem of invasion of privacy and abusive calls are commercial calls, which are covered by the FTC rule,' the three-judge appeals panel said in a 24-page opinion. 'The FTC's justifications of preventing abusive and coercive sales practices and protecting privacy are substantial governmental interests.' The appeals court suspended Judge Nottingham's Sept. 29 order that had barred the commission from forcing telemarketers not to dial the telephone numbers that consumers had placed on its registry."
Here's a wicked strategy for conspiracy buffs: Get so many judges to weigh in on the nationwide Do-Not-Call list that telemarketers no longer know whether it's legal to cold-call the millions of Americans who are sick of fielding their pitches.
that's about right
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