Fall 2000
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Privacy Trumps Commercial Speech Rights As Capitol Hill
Tries To Rein In Telemarketers
The U.S. Congress
has again taken aim at telemarketers, advancing consumers' privacy interests at the expense of
telemarketers' free-speech interests.
On Sept. 27, the House unanimously (420-0) passed the "Know Your Caller Act of 2000,"
which prohibits telemar-keters from interfering with caller iden-tification services.
The measure provides that it shall be unlawful:
(a) "to interfere with or circumvent the capability of a caller identification service to
access or provide to the re-cipient of the telephone call involved in the solicitation any
information regard-ing the call that such service is capable of providing," and
(b) "to fail to provide caller identifi-cation information in a manner that is accessible by a
caller identification service, if such person has capability to provide such information in such a
manner."
The measure allows individuals to sue violators of the law and to be reim-bursed for "actual
monetary loss" or $500 for each unlawful solicitation. The measure further allows a court, if
it finds that the defendant "willfully or knowingly violated" the law, to triple the
damage award.
Rep. Rodney P. Frelinghuysen (D-N.J.), sponsor of H.R. 3100, questioned why commercial entities
should be able to compile personal identifying infor-mation on consumers but deny consum-ers the
right to learn the identify of the commercial solicitors.
"Some telemarketer enterprises pur-posely block out Caller ID, yet these same companies know
your name, your address, and your telephone number," he said. "Is it not only fair that
they share their company name and their telephone number so a person can make sure that they are a
legitimate com-pany?"
The Know Your Caller Act is not the only measure Congress has intro-duced to combat telemarketers.
In Oc-tober 1999, Rep. Matt Salmon (R-Ariz.) introduced H.R. 3180, the Tele-marketing Victims
Protection Act.
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Vol. 4, No. 2, Spring 2000. Published twice yearly (spring/fall) by The Media
Institute. |
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