from the delightful-implementation dept.
Iphtashu Fitz writes “The FCC has just announced a proposed $780,000 fine against AT&T for violating the recently enacted Do Not Call telemarketing rules. The FCC charges that AT&T marketers called 29 consumers on 78 different occasions after those consumers had signed up on the Do Not Call list. The FCC has posted a press release (pdf) to this effect on their web site.”
Slashdot | FCC Proposes Fining AT&T Over DNC Violation: “Re:Good – let’s get this tested right away (Score:5, Insightful)
by djh101010 (656795) on Monday November 03, @03:55PM (#7380755)
(Last Journal: Thursday June 05, @03:12PM)
And actually, this being a civil rather than a criminal matter makes proving the case that much easier – instead of ‘Beyond a reasonable doubt’, it has to be proven ‘By a preponderance of evidence’.
To put that into perspective – OJ was found ‘Not Guilty’ in a criminal court, because it wasn’t proven beyond a reasonable doubt that he did it. The civil court proceedings, however, found him guilty ‘By a preponderance of evidence’. So, by one standard he’s not guilty, by another he is guilty. At the end of the day, he killed ’em, but the case wasn’t good enough to prosecute criminally.
For our purposes of the DNC list, I would think that this will make nailing the slime who try to weasel through the loopholes easier…we don’t have to prove beyond a reasonable doubt that they’re a weasel, we just have to show through a preponderance of evidence that they are a small, furry mammal of the Mustelid family, behaving in a weasel-like way. “