Statement Of Attorney General Ken Salazar On 10th Circuit's Decision Allowing Federal No-Call Law To Take Effect

I am pleased with the Tenth Circuit’s ruling today that allows the national no-call registry to go into effect while it considers several appeals challenging the constitutionality of that federal law. Last week, the FTC appealed a decision by United States District Judge Edward Nottingham that the federal no-call law was unconstitutional. Judge Nottingham’s decision effectively prevented the federal law from taking effect on October 1st. The FTC had asked the Tenth Circuit to stay that order during its appeal. Today, the Tenth Circuit suspended Judge Nottingham’s order and allowed the federal no-call registry to go into effect.

While this is only a preliminary determination by the Court, I think the Tenth Circuit was absolutely correct in upholding the government’s substantial interest in protecting residential privacy. The Court recognized that there was ample evidence that commercial telephone solicitations are particularly intrusive of that privacy. I look forward to an equally positive reaffirmation of this privacy right when the court considers the merits of this case.

In granting the FTC’s motion, the Tenth Circuit relied exclusively on whether the FTC had established a substantial likelihood that it would succeed on the merits of its appeal. In holding that the FTC had met this significant burden, the Court held that it was permissible for the government to include only commercial solicitations in its no-call registry. It held that the government had a substantial interest in protecting residential privacy from intrusive and unwanted telephone solicitations and that the federal no-call registry directly advanced that substantial interest. Thus, the Tenth Circuit concluded that Judge Nottingham’s ruling would likely be reversed on appeal.

While Colorado’s no-call law is not directly impacted by today’s ruling, it is important that we make every effort to uphold Colorado’s law, including participating in these federal proceedings. Colorado residents should continue to register for the state and the federal no-call registries. Violations of the Colorado law should be reported 1-888-600-5688 or on-line at www.coloradonocall.com. Consumers signed up on the federal no-call registry should check the Federal Trade Commission web site www.ftc.gov or the Federal Communications Commission web site www.fcc.gov for information on filing complaints.

Note: In its ruling, the Tenth Circuit also granted Attorney General Salazar and California Attorney General Lockyer’s motion to file an amicus brief on behalf of 47 state attorneys general.