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University of Richmond

2004

Telephone Consumer Protection Act

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Brief Of Amicus Curiae — U.S. States Jan 2004

Brief Of Amicus Curiae — U.S. States

Richmond Journal of Law & Technology

America is frustrated with telemarketing. To help individuals reclaim a measure of peace and privacy in their homes, the States and, later, the federal agencies had to step in. On behalf of the fifty-one million individuals who have registered on the national do-not-call (“DNC”) list, Amici Curiae California, Colorado, Alabama, Alaska, Arizona, Arkansas, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, …


Telemarketing Sales Rule Commentary — Cox Enterprises, Inc. Jan 2004

Telemarketing Sales Rule Commentary — Cox Enterprises, Inc.

Richmond Journal of Law & Technology

Cox Enterprises, Inc. (“CEI” or “Cox”) hereby submits these comments in response to the Federal Trade Commission’s (“FTC”) Notice of Proposed Rulemaking relating to the proposed amendment of the Telemarketing Sales Rule (the “TSR” or “Rule”). Cox welcomes this opportunity to comment on the proposed amended Rule, and strongly supports the efforts of the FTC to protect consumers from fraudulent and deceptive telemarketing.


Brief Of Amici Curiae — Aca International Jan 2004

Brief Of Amici Curiae — Aca International

Richmond Journal of Law & Technology

ACA International (“ACA”), formerly known as the American Collectors Association, Inc., is the international trade association for credit and collection professionals. ACA’s members provide a wide variety of accounts receivable management services. Headquartered in Minneapolis, Minnesota, ACA represents the interests of approximately 5,300 third-party collection agencies, attorneys, credit grantors and vendor affiliates.


Do Not Call: Abdicating And Ignoring Responsibility, Tim Searcy Jan 2004

Do Not Call: Abdicating And Ignoring Responsibility, Tim Searcy

Richmond Journal of Law & Technology

I am not a lawyer, but for nearly a decade and a half, I have dealt with the issues that gave rise to the Federal Do Not Call Registry. Regardless of what you have read or seen, this issue did not just appear on the scene with the updating of the FTC’s Telemarketing Sales Rule or the subsequent corollary changes made by the FCC in its rules implementing the Telephone Consumer Protection Act (“TCPA”). As a matter of fact, the original regulatory rulemaking by the FCC to implement the TCPA are over a decade old.


The Do-Not-Call List’S Big Hang-Up, Jared Strauss Jan 2004

The Do-Not-Call List’S Big Hang-Up, Jared Strauss

Richmond Journal of Law & Technology

On October 1, 2003, the Federal Trade Commission’s National Do- Not-Call Registry was supposed to go into effect. By forbidding companies and telemarketers from making unsolicited calls to anyone who had registered their phone number on the list three months prior, this program culminated a decade’s worth of efforts to alleviate consumer frustration with unwanted sales calls. However, on September 27, 2003, the District of Colorado derailed the registry, holding that the rule made an unconstitutional distinction between commercial and noncommercial speech by covering commercial calls and exempting calls for charitable, religious, or political organizations.


“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris

Richmond Journal of Law & Technology

As you know, the Commission adopted the Registry as one of the amendments to the Telemarketing Sales Rule (TSR) announced December 18, 2003, and formally promulgated in the Federal Register on January 29, 2003. On March 11, 2003, President Bush signed into law the Do Not Call Implementation Act (DNCIA), which provides for the FTC to collect fees from sellers and telemarketers to fund the establishment and maintenance of the National Do Not Call Registry. Congress enacted this legislation, and provided complementary appropriations, to support the FTC’s decision to establish such a Registry (conditioned on funding) as part of its …


“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Rodney Smolla Jan 2004

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Rodney Smolla

Richmond Journal of Law & Technology

I wish to thank the Committee for this opportunity to present testimony on the issues implicated by recent judicial rulings concerning the national telemarketing “Do Not Call” registry, developed by both the Federal Trade Commission and Federal Communications Commission.


Plaintiff’S Reply Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association Jan 2004

Plaintiff’S Reply Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association

Richmond Journal of Law & Technology

The government’s assumption that commercial speech restrictions should be judged by the same standard as time, place or manner restrictions fails to accurately set forth the relevant burden of proof articulated in more recent commercial speech cases.