Eighth Circuit upholds North Dakota restrictions on telemarketers

[JURIST] The US Eighth Circuit Court of Appeals [official website] on Wednesday ruled in a 2-1 decision [PDF text] that restrictions imposed on telemarketers by North Dakota help to maintain privacy and are not overly broad. The court's holding reverses a district court ruling striking down the law. Under the law, Century Code Chapter 51-28 [PDF text], non-profit groups are no longer allowed to solicit contributions from residents who place their name on a "do not call" list if the groups hire telemarketers to do so. The regulations allow groups to contact residents on the list if they use employees or volunteers to make the calls. The 2003 law was challenged by North Dakota chapters of the Fraternal Order of Police [North Dakota Lodges website] and the Veterans of Foreign Wars [VFW Dept. of ND website], but 15 other states and 184 organizations filed amicus briefs in the case. North Dakota Attorney General Wayne Stenehjem [official profile] has a news release [PDF text] on the ruling. AP has more.

 

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