Congress Passes Bill to Authorize Do Not Call Registry

September 25, 2003. The House passed HR 3161, a bill authorizing the Federal Trade Commission (FTC) to implement a national do not call registry, by a vote of 412-8. See, Roll Call No. 521. Later in the day, the Senate passed the bill by a vote of 95-0. See, Roll Call No. 365. President Bush said he will sign the bill.

The Congress passed this bill in immediate response to the September 24 Order [19 page PDF scan] of the U.S. District Court (DOkla) in U.S. Security v. FTC, holding that the FTC's rule creating a do not call registry exceeds the statutory authority of the FTC.

HR 395, the "Do-Not-Call Implementation Act". Earlier this year, the Congress passed, and President Bush signed, HR 395, the "Do-Not-Call Implementation Act".

HR 395 provides, in part, that "The Federal Trade Commission may promulgate regulations establishing fees sufficient to implement and enforce the provisions relating to the `do-not-call' registry of the Telemarketing Sales Rule (16 CFR 310.4(b)(1)(iii)), promulgated under the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6101 et seq.)."

The House passed this bill on February 12 by a vote of 418-7. See, Roll Call No. 26. The Senate passed the bill on February 13 by unanimous consent. President Bush signed it on March 11.

See also, stories titled "Senate Passes Do Not Call Implementation Act" in TLJ Daily E-Mail Alert No. 605, February 17, 2003, and "Bush Signs Do Not Call Implementation Act" in TLJ Daily E-Mail Alert No. 621, March 12, 2003.

HR 3161, the "This Time We Really Mean It Act". This bill was introduced late on September 24 by Rep. Billy Tauzin (R-LA) and Rep. John Dingell (D-MI), the Chairman and ranking Democrat on the House Commerce Committee, and by Rep. Fred Upton (R-MI) and Rep. Ed Markey (D-MA), the Chairman and ranking Democrat on the Telecom and Internet Subcommittee.

It is untitled, but Rep. Tauzin quipped that it "Perhaps we should call this bill, the ‘This Time We Really Mean It Act’ to cure any misunderstanding in the judicial branch."

This short bill provides as follows:

"SECTION 1. NATIONAL DO-NOT-CALL REGISTRY.
  (a) AUTHORITY- The Federal Trade Commission is authorized under section 3(a)(3)(A) of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102(a)(3)(A)) to implement and enforce a national do-not-call registry.
  (b) RATIFICATION- The do-not-call registry provision of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)), which was promulgated by the Federal Trade Commission, effective March 31, 2003, is ratified."

An Errant Judge. FTC Chairman Timothy Muris (at right) stated that "Today, the Congress has once again ratified the authority of the Federal Trade Commission to establish a National Do Not Call Registry. I always have believed that the FTC had clear authority to establish the National Do Not Call Registry, and I applaud the Congress for acting so quickly to ensure that American consumers have the choice to stop unwanted telemarketing calls." See, release.

Rep. Dingell said in his floor statement on September 25 that "In 1994 we passed the Telemarketing Act to protect consumer privacy and curb abusive and abrasive telemarketing. Through that law, the Federal Trade Commission (FTC) created a national do-not-call registry, and over 50 million American consumers have registered their numbers with the list." He added that the "Do Not Call Implementation Act" had the effect of providing "necessary funding so the do-not-call list could go into effect on time."

He continued. "Well, the telemarketers are back. Despite our previous efforts, an errant judge in Oklahoma agreed with the Direct Marketing Association that we did not give the FTC authority to create the list. Last night I once again introduced legislation with the distinguished Chairman of the Committee on Energy and Commerce to settle this question for all time. That legislation, which is before us today, unequivocally states the FTC is authorized to create and enforce a national do-not-call registry and it officially ratifies the existing list."

Rep. Tauzin also issued a statement. "Congress has already given the FTC the authority and the funding needed to create the national do-not-call list. But due to a misguided court decision that could have jeopardized one of the most consumer-friendly regulations to come out of Washington in a long, long time, the House had to reaffirm the FTC’s authority by taking up this legislation in record-breaking time. Perhaps we should call this bill, the ‘This Time We Really Mean It Act’ to cure any misunderstanding in the judicial branch."

Federal Communications Commission (FCC) Chairman Michael Powell had this to say: "Congress has acted swiftly, leaving no doubt that it stands behind the 50 million Americans who asked not to be bothered by unwanted calls. Let there be no doubt -- the FCC stands ready to enforce the Do Not Call list beginning October 1. The FCC is working in partnership with the FTC to ensure that telemarketers respect the wishes of American consumers. The FCC Do Not Call rules cover telemarketers from every industry and both interstate and intrastate calls, and working together we'll get the job done." See, release.

President Bush issued a statement. "Unwanted telemarketing calls are intrusive, annoying, and all too common. When Americans are sitting down to dinner, or parents are reading to their children, the last thing they want is a call from a stranger with a sales pitch. For that reason, I have strongly supported the actions of the Federal Trade Commission and the Federal Communications Commission to establish a National Do Not Call Registry and protect consumers. The millions of people who have signed up for the list have the right to reduce unwanted telephone solicitations."

Bush concluded, "I commend Congress for its rapid action to support the Registry, and I look forward to signing this legislation."