[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 242 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. RES. 242
To express the sense of the Senate concerning the do-not-call registry.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
October 3, 2003
Ms. Murkowski submitted the following resolution; which was referred to
the Committee on the Judiciary
_______________________________________________________________________
RESOLUTION
To express the sense of the Senate concerning the do-not-call registry.
Whereas on September 25, 2003, the United States District Court for the District
of Colorado decided the case of Mainstream Marketing Services, Inc. v.
Federal Trade Commission, 2003 U.S. Dist. LEXIS 16807;
Whereas the case considered the constitutionality of the amended telemarketing
sales rules promulgated by the Federal Trade Commission, which
established a do-not-call registry;
Whereas the district judge held that the do-not-call registry violated the First
Amendment free speech rights of telemarketers and was therefore
unconstitutional;
Whereas on September 25, 2003, Congress passed legislation reaffirming the
authority of the Federal Trade Commission to establish the do-not-call
registry;
Whereas over 50,000,000 telephone consumers have signed up for the do-not-call
registry, which was to go into effect on October 1, 2003; and
Whereas the people of the United States have the right to protect the privacy of
their homes from unsolicited commercial telemarketing calls: Now,
therefore, be it
Resolved, That the Senate--
(1) strongly disapproves of the decision of the United
States District Court in Mainstream Marketing Services, Inc. v.
Federal Trade Commission; and
(2) directs the Senate Legal Counsel--
(A) to intervene in any case brought to defend the
constitutionality of the do-not-call registry; or
(B) if unable to intervene, to file an amicus
curiae brief in support of the constitutionality of the
do-not-call registry.
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