Essay on Do Not Call List

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For years companies from all areas of commerce were allowed to call anyone they thought might be a candidate for their product without repercussions. A court order on Feb, 17th 2004 upheld an order to allow the general public to be listed on a do not call list. Businesses will now be held responsible if they contact someone on this list without their permission. The question is did the court make the right decision.

     We may not agree on much in this country, but one thing most of us can agree on is that telemarketing is a big nuisance. In fact one survey done by Walker Research in 1990 showed that 70 percent of Americans considered telemarketing an invasion of their privacy. In
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Yet, forcing someone to listen to me speak my mind does impose a cost. This is the heart of the matter, which many people fail to understand: The right of free speech does not include the right to an audience. You have to earn an audience, which must be given of their own will. If not then the company is violating one of the most basic rights we have and that is the right to simply be left alone. As stated by the 10th U.s. Circuit Court of Appeals in The Associated Press (Feb. 14, 2004) "Just as a consumer can avoid door-to-door peddlers by placing a 'No Solicitation' sign in his or her front yard, the do-not-call registry lets consumers avoid unwanted sales pitches that invade the home via telephone".
     Telemarketing businesses disagree with this point of view of course. They view their work as simply another way and means of advertising. The Direct Marketing Association fought the ruling in Sept. of 2003 and won with the court stating that the original law was imposing on their right to freedom of speech. They stated that the phone lines were owned by the phone companies and not the consumer which for the most part was true. Companies such as SBC and AT&T had built most of them yet the phones at the ends of these lines are owned by the general consumer. This is where the customer’s argument comes back into the light. With the phone being theirs they strongly believed that they should have the right stop inbound
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