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Telemarketers Sue FCC Over 'Do Not Call' List

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NEW YORK The American Teleservices Association filed suit Monday, seeking judicial review of the Federal Communications Commission's adoption of rules restricting telemarketers' practices.

In its petition, filed in the United States Court of Appeals for the 10th Circuit, the ATA said the FCC is adopting regulations that "mirror" the Federal Trade Commission's rules creating a national 'Do Not Call' list governing telemarketing practices. In January, the ATA filed suit against the FTC in a Colorado federal court.

The national "Do Not Call" list now includes about 17 million names.

The latest petition also asked the FCC to issue an expedited stay to block enforcement of the new rules until after the court has had a chance to review them.

"This truly is a case of regulatory overkill," ATA executive director Tim Searcy, argued in a statement. "Unfortunately, the FCC ignored its obligations under the federal law and the Constitution to carefully balance the privacy interests of consumers with the First Amendment rights of legitimate telemarketers."

The ATA estimated that implementation of a national "Do Not Call" list will cost the US economy "up to two million jobs in an industry that produces over $660 billion of sales per year".

In the earlier suit filed against the FTC, both sides are now waiting for a court date to be set before the Oct. 3 implementation of the national "Do Not Call" list.