Office of Governor Gary Locke
FOR IMMEDIATE RELEASE - September 29, 2003
Contact:  Governor's Communications Office, 360-902-4136

Gov. Locke Will Support State Do-Not-Call Registry If Federal Effort Fails

Gov. Gary Locke said today that he would ask the Legislature to create a state do-not-call registry if a federal program is not up and running this fall.

“Our residents should have the right to stop unwanted and unsolicited telemarketing calls to their homes,” Locke said. “If the telemarketing industry succeeds in shutting down the Federal Trade Commission’s (FTC) program, then the state must step in with its own.”

Last week, a federal district court in Oklahoma ruled that the federal do-not-call program, which bars unsolicited telemarketing calls to citizens who participate, was invalid. Both houses of Congress responded quickly by passing legislation that clearly authorized the FTC program and President Bush signed the legislation today.

But shortly after the congressional action, a federal district court in Denver again struck down the program, saying the program violated the free speech rights of telemarketers.

Locke said he disagreed with the Denver judge, and hoped the ruling would be overturned on appeal. He also believes that a Washington state court would likely reach a different ruling than the one in Denver. The Denver ruling applies only to the federal program.

“Reasonable regulation of commercial speech does not violate the First Amendment,” Locke said. “In this case, the telemarketers’ claims to First Amendment protection are even less convincing when balanced against citizens’ clearly stated desire for privacy.”

The governor and Attorney General Christine Gregoire prepared legislation last January to establish a state do-not-call program. It was withdrawn after the FTC announced its program so that the state could review the legislation in light of the federal effort.

The state program would apply only to calls originated in Washington, but Locke believes this step would significantly reduce the number of telemarketing calls citizens receive. Currently, more than half the states have their own do-not-call registries, but many have scaled them back after the federal program was announced.

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