Supreme Court refuses to hear challenge to 'Do Not Call' law
Supreme Court's refusal to consider a challenge of North Dakota's "Do No
Call" law is a victory for privacy rights, Attorney General Wayne Stenehjem
telemarketing law, passed in 2003, bars most organizations from making
telephone sales calls to homes if the phone number is listed on a state "do
not call" list.
Dakota branches of the Fraternal Order of Police and the Veterans of Foreign
Wars challenged the law, saying it hampered their fundraising activities.
U.S. Circuit Court of Appeals upheld the law last December, saying it helps
safeguard privacy without violating the free speech rights of charities.
Court refused Monday, without comment, to consider a challenge.
good success defending our 'do not call' law, which is probably the best in
the country," Stenehjem said. "This is the second good victory in a month."
North Dakota's Supreme Court upheld restrictions on telemarketers' use of "robo-call"
machines, rejecting a Virginia company's argument that federal law overrides
North Dakota's rules. The decision affirmed a $20,000 penalty against
FreeEats.com Inc. for making political survey calls to thousands of North
Dakotans in 2004.
Benjamin, a Fargo police officer who is president of the North Dakota FOP,
said the Supreme Court's ruling on Monday was expected.
"It was a
long shot and we knew it," Benjamin said. "It was not something we were
are allowed to make fundraising calls to people on the no-call list, but
only if they use employees or volunteers - not professional telemarketers.
said his group, which has about 500 members in North Dakota, may hire
employees to solicit donations.
looking at different options," he said. "We have to figure out a way to try
and generate funds."
enforcement officers themselves likely won't become telemarketers, he said.
"When officers are away from work, they want to spend time with their
families," he said.
said the group also may begin mass mailings to reach potential donors. "It's
had success in some states," he said.