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DMA STATEMENT: RE: FEDERAL COURT DECISON AND DO NOT CALL LISTNEW YORK, September 24, 2003 - The Direct Marketing Association (The DMA) and its fellow plaintiffs are grateful that the Federal District Court in Oklahoma City, OK understood and upheld industry's belief that the Federal Trade Commission (FTC) does not have authority to implement and enforce a national do-not-call list.
The court yesterday held that the FTC acted without statutory authority in creating and implementing a national no-call list.
The DMA, however, acknowledges the wishes of millions of U.S. consumers who have expressed their preferences not to receive telephone-marketing solicitations - as evidenced by the millions of phone numbers registered on the FTC list.
The DMA continues to support and believe in the efficacy of a national list for consumers to express their preference not to receive telephone solicitations. In fact, The DMA has offered American consumers a free, national no-call system - the Telephone Preference Service (TPS) -since 1985.
The DMA will be working with its attorneys, the FTC, and the Federal Communications Commission over the coming days to evaluate the practical implications of yesterday's decision and what it may mean for both consumers and marketers.
The DMA will post on its Web (www.the-dma.org) site a copy of the federal court's decision in U.S. Chartered Benefit vs. FTC after noon EST on Wednesday, September 24, 2003.
Louis Mastria, 212.790.1529