For Immediate Release: September 27, 2003

For more information, call (703) 426-8070

--Sen. Cuccinelli plans to introduce VA do-not-call list

 CUCCINELLI BLASTS COURT DECISIONS BLOCKING FEDERAL DO-NOT-CALL LIST

Virginia State Senator Ken Cuccinelli (R-Centreville), today blasted the recent federal court decisions blocking the national do-not-call register. The register sponsored by the Federal Trade Commission (FTC) allowed any person to voluntarily list their phone number with the FTC so that telemarketers would be permanently prohibited from calling them. The do-not-call list was to go into effect on October, 1, 2003. Telemarketers caught violating these listings could face up to $11,000 in fines each time they called a number on the list.  The list does not apply to charities.

“We have to put a stop to liberal judges legislating from the bench,” said Cuccinelli. “This pattern of judicial rulings which re-write the Constitution cannot and should not be allowed to continue. Allowing un-elected judges to make legislative decisions is it’s own form of tyranny. ”

Sen. Cuccinelli proposed to introduce a bill in the next legislative session that would set up a do-not-call list for Virginia residents. 27 other states have enacted similar do-not-call legislation.

On Wednesday, September 24^th, a Federal judge in Oklahoma found that the FTC had not been granted the regulatory authority to establish the do-not-call list. In response the US Congress immediately passed legislation enabling the FTC to establish the do-not-call list and Pres. Bush was expected to sign it into law. Unfortunately, Thursday, September 25^th, another Federal judge in Colorado ruled that the effort to block telemarketers from calling was “unconstitutional.”

Nationally, over 50 million Americans signed up for the FTC’s do-not-call list since the list was established a few months ago. More than 1.1 million of those signing up with the FTC are Virginia residents.

“I am promising my constituents that if the present dilemma with the implementation of the federal do-not-call list is not resolved by next January, when the Virginia General Assembly convenes, I will introduce legislation to block telemarketing calls to Virginia residents.”

If the federal enforcement of the do-not-call list continues to be blocked by the federal courts, Sen. Cuccinelli will explore the feasibility of using the information provided by Virginia residents on the current do-not-call list assembled by the FTC in order to avoid duplication.

Sen. Ken Cuccinelli is the incumbent Senator from the 37^th Virginia State Senate District, which includes Centreville, and parts of the Fairfax County communities of Chantilly, Fairfax Station, Burke, Fairfax, and West Springfield.

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