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Articles 1 - 13 of 13
Full-Text Articles in Law
Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain
Nonprofit Solicitation Under The Telemarketing Sales Rule, Rita Marie Cain
Federal Communications Law Journal
In 2003, the Federal Trade Commission ("FTC") revised its Telemarketing Sales Rule ("TSR") to establish a national Do-Not-Call Registry for commercial telemarketing. Congress directed the Federal Communications Commission ("FCC") to coordinate its telemarketing regulations under the Telephone Consumer Protection Act ("TCPA") of 1991 to achieve maximum consistency between the two agencies' telemarketing restrictions. Nonprofit solicitation is exempt from the national Do-Not-Call Registry, but is covered by other provisions of the FTC rule. The TSR created a new in-house no-call list requirement and imposed additional restrictions not previously known for nonprofit solicitors. The separate nonprofit provisions of the TSR raise unique …
Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken
Econometric Methods In Staples, Jonathan Baker, Orley Ashenfelter, David Ashmore, Suzanne Gleason, Daniel Hosken
Articles in Law Reviews & Other Academic Journals
Econometrics played a major role in the investigation and litigation of the Federal Trade Commission's successful challenge to the proposed merger between two office superstore chains, Staples and Office Depot. Our goal in writing this essay is to describe the econometric issues at stake in evaluating the FTC's central claim that the price charged by office supply superstores was related to the number and identity of superstore firms participating in the market. Similar statistical models were relied upon by the FTC and the merging firms to analyze pricing. Our discussion of these models highlights the advantages and disadvantages of alternative …
Economists And Lawyers Roundtable, Jonathan Baker, R. Hewitt Pate, William Baer, Wayne "Dale" Collins, James Loftis, James Rill, Daniel Rubinfeld, Robert Willig, Dennis Carlton
Economists And Lawyers Roundtable, Jonathan Baker, R. Hewitt Pate, William Baer, Wayne "Dale" Collins, James Loftis, James Rill, Daniel Rubinfeld, Robert Willig, Dennis Carlton
Presentations
This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of the Guidelines by those with the most experience using them. In preparation for this workshop, the Agencies released data associated with their enforcement efforts.
Coordinated Effects, Jonathan Baker, Michael Knight, Andrew Dick, Paul Yde, Deborah Majoras, Steven Salop, David Scheffman
Coordinated Effects, Jonathan Baker, Michael Knight, Andrew Dick, Paul Yde, Deborah Majoras, Steven Salop, David Scheffman
Presentations
This three-day workshop brought together prominent practitioners, academics and enforcement officials to discuss the Horizontal Merger Guidelines. The workshop explored state-of-the-art application of the Guidelines by those with the most experience using them. In preparation for this workshop, the Agencies released data associated with their enforcement efforts.
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Tim Searcy
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Tim Searcy
Richmond Journal of Law & Technology
Senators, thank you for giving me this opportunity to testify before you today, on a matter of great importance to U.S. consumers, and business alike: the formation of a federal Do Not Call Registry. I am the Executive Director of the American Teleservices Association, which is the largest and only association dedicated exclusively to the interests of the teleservices industry. We are enjoying our twentieth anniversary this year, and represent approximately 650 rms involved in the teleservices industry. Our membership is tremendously diverse, and encompasses all aspects of telemarketing, customer service, market research, political calling, non- profit fundraising and technical …
Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda
Unleashing “Instant Messaging” From Regulatory Oversight, Fernando R. Laguarda
Richmond Journal of Law & Technology
America Online, Inc. (“AOL”) and Time Warner Inc. announced their intention to merge on January 10, 2000. At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission (“FTC”) and Federal Communications Commission (“FCC”), more than one thousand local communities conducted their own reviews of the merger. The FTC identified “open access” to the Time Warner Cable platform as an issue meriting specific relief.
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Lee Hammond
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Lee Hammond
Richmond Journal of Law & Technology
My name is Lee Hammond and I am a member of AARP’s Board of Directors. On behalf of AARP and its thirty- ve million members, thank you for inviting us here this morning to discuss the importance of implementing and enforcing the Federal Trade Commission’s (FTC) national Do Not Call registry. AARP’s members have been among the millions of Americans who have taken the initiative to place their phone numbers into the Registry in an effort to reduce the amount of unwanted telemarketing calls. We share your indignation over recent court decisions to stymie this effort and we are here …
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Gerald Cerasale
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Gerald Cerasale
Richmond Journal of Law & Technology
Good morning, Mr. Chairman and members of the Committee. I thank you for the opportunity to appear before your Committee as it examines the issues surrounding the national Do-Not-Call Registry. I am Jerry Cerasale, Senior Vice President for The Direct Marketing Association, Inc. (“The DMA”).
Do Not Call: Abdicating And Ignoring Responsibility, Tim Searcy
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.
Collateralizing Internet Privacy, Xuan-Thao Nguyen
Collateralizing Internet Privacy, Xuan-Thao Nguyen
Articles
Collateralizing privacy is a pervasive conduct committed by many on-line companies. Yet most don't even realize that they are engaging in collateralizing privacy. Worse yet, governmental agencies and consumer groups are not even aware of the violation of on-line consumer privacy by the collateralization of privacy. Professor Nguyen argues that collateralizing privacy occurs under the existing privacy regime and the architecture of article 9 of the Uniform Commercial Code. Professor Nguyen critiques the violation of privacy through collateralization dilemmas and proposes a solution involving modifications of the contents of the financing statement and security agreement in secured transactions where consumer …
“Do-Not-Call List” Testimony: Before The House Committee On Energy And Commerce, Timothy J. Muris
“Do-Not-Call List” Testimony: Before The House Committee On Energy And Commerce, Timothy J. Muris
Richmond Journal of Law & Technology
Mr. Chairman, I am Timothy J. Muris, Chairman of the Federal Trade Commission.1 I am pleased to appear today, on behalf of the Commission, to provide the Committee with information about our recently-announced amendments to the Telemarketing Sales Rule (“TSR” or “Rule”). In particular, you have asked about our request for authority to collect fees to offset the costs of implementing the “do-not-call” amendments to the TSR. Our testimony provides an overview of the TSR amendment process, discussion of the do-not-call provisions, and an examination of the funding request. The do-not-call registry is an important aspect of the Commission’s ongoing …
Telemarketing Sales Rule Comment For 16 Cfr Part 310 — American Association Of Retired Persons, David Certner
Telemarketing Sales Rule Comment For 16 Cfr Part 310 — American Association Of Retired Persons, David Certner
Richmond Journal of Law & Technology
AARP appreciates this opportunity to comment on the Federal Trade Commission’s (FTC) Notice of Proposed Rulemaking to amend the Telemarketing Sales Rule (the Rule). AARP’s interest in the Telemarketing Sales Rule and concerns about telemarketing abuses are long- standing. Seven years ago we were active participants in the original rulemaking proceeding. Since the adoption of the Rule in 1995, AARP has dedicated signi cant resources to educating consumers about telemarketing fraud and to working with federal, state and local law enforcement agencies to combat it. We have also worked with state legislatures to enact state telemarketing legislation. The existing Rule …
Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda
Unleashing Instant Messaging From Regulatory Oversight, Fernando Laguarda
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: { 1 } America Online, Inc. ("AOL") and Time Warner Inc. announced their intention to merge on January 10, 2000.' At that time, there was a great deal of excitement about combining these two companies and harnessing the power of an increasingly broadband Internet. In addition to the Federal Trade Commission ("FTC") and Federal Communications Commission ("FCC"), more than one thousand local communities conducted their own reviews of the merger. The FTC identified "open access" to the Time Warner Cable platform as an issue meriting specific relief {2} The FCC, for its part, specifically identified "instant messaging" ("IM") as …