Richards notes that three important factors, dealing with both consumers and the telemarketers, were addressed in the Tenth Circuit decision.
“First, we’re talking about people’s residential privacy, which Anglo-American law has long protected against a wide variety of intrusions by both the government and private citizens,” says Richards.
“Second, the Tenth Circuit considered it significant that the do-not-call list is not a blanket ban on all telemarketing, but instead is tailored to protect the privacy of those people who have decided they don’t want telemarketers calling them.
Finally, the do-not-call list is targeted at the most egregious kind of telemarketers – commercial solicitations by businesses who have no prior relationship with the resident. Calls by companies with whom the resident has done business in the past, as well as political and charitable calls, are excluded from the program.”