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Unfortunately, yelling fire presents something called clear and present danger. On the other hand calling to sign you up for a credit card does not. The first amendment not only protects my ability to speak my thoughts in a safe manner in public, it also protects a businessman or workers right to speak about their product to you over a phone. You can have your number privately listed or tell each business to add you to their do not call list, but not giving them the ability to say what they have to say(especially non-profit or political groups) restricts the freedom of speech greatly. Your phone number is public information and a means of communication.
On another issue though is the fact that these annoying calls are a symptom not the problem. The real problem is that fact that your insurance company, your credit card company, your travel agency, your bank, and other can sell your information with their business and they do so for millions of dollars a year. There are little or no restrictions on whom they sell this information to and we all know how trustworthy and accountable large corporations can be. In California legislation was recently past that was the most comprehensive restriction on businesses to date on having to obtain explicit permission to sell/trade/give your information. Now that legislation is threatened because current federal legislation makes it illegal for a state to interfere with information trading between affiliated businesses. Right now General Electric’s financial operation has over 3,000 affiliates, CitiGroup has over 1600 affiliates, and Bank of America has 1400. Federal preemption under the Fair Credit Reporting Act (FCRA) is scheduled to expire at the end of 2003. California new Financial Privacy Law takes effect in 2004. California’s law gives consumers control over information sharing with a financial institution’s affiliates. The big banks and insurance companies are lobbying Congress to overturn California’s new law. The US House of Representative granted the banks their wish on September 10. If you really want to stop getting calls at dinner you all need to contact your Senators to vote against overturning California's law and put pressure on your state senate and house to adopt similiar measures. Telemarketers do not get their numbers from a phone book, they buy lists from data compilers. They can't afford to call everyone and would be left with their own customer base. We can protect the first amendment and stop these calls.
For santafe5000: It is currently illegal for businesses to call your cell phone for that very reason. Unless you gave it to them and they can prove it then you can sue them for calling. Make them aware that they are calling your cell, you did not give it to them, you do not want them calling, you know the law, and you will sue. The fine for such behavior can be up to $11,000.
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"The courts that first rode the warhorse of virtual representation into battle on the res judicata front invested their steed with near-magical properties." ~27 F.3d 751
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