Colorado No-Call Telemarketing Law Goes Into Effect Following Unsuccessful Court Challenge

Profession:Reed Smith Hall Dickler

Originally published on July 8, 2002

Colorado's new No-Call telemarketing law went into effect on July 1, 2002 as scheduled, after a last-minute court challenge failed to achieve a postponement. To date, more than 700,000 Coloradans have registered with the state to be on the No-Call list.

The court challenge was brought in the federal court in Denver, before U.S. District Judge Robert E. Blackburn, by a business coalition called Colorado Citizens for Free Speech and individual businesses including the telemarketer for the Denver Post and Rocky Mountain News. They asked the court for a temporary restraining order (TRO) delaying implementation of the law, on the grounds that it violated their rights to free speech, damaged their finances, unfairly discriminated against telemarketers and that the state has no right to interfere with telemarketing calls. Judge Blackburn denied the TRO on June 26, 2002 holding, among other things, that the state has a clear interest in protecting the "tranquility of the home."

Consumers are invited to file No-Call complaints with the Colorado Public Utilities Commission, which will share complaint information with the Colorado Attorney General's Office or other law enforcement offices for possible enforcement action when there is a demonstrated pattern of statutory violations. No state enforcement action may be brought against commercial telemarketers for fewer than three violations in a month. However, private actions in small claims court can be filed upon a single violation of the No-Call...

To continue reading