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Destination Ventures, Ltd. V. F.C.C. And Moser V. F.C.C.: How Much Should The Telephone Consumer Protection Act Restrict Your Phone, Fax And Computer?, Michael D. Mcconathy
Destination Ventures, Ltd. V. F.C.C. And Moser V. F.C.C.: How Much Should The Telephone Consumer Protection Act Restrict Your Phone, Fax And Computer?, Michael D. Mcconathy
Golden Gate University Law Review
The Ninth Circuit upheld the constitutionality of the Telephone Consumer Protection Act (hereinafter "TCPA") in two February 1995 decisions: Destination Ventures, Ltd. v. F.C.C. and Moser v. F.C.C. Destination Ventures marked the first examination of the TCPA by any United States Court of Appeals. In that case, the Ninth Circuit held that the TCPA ban on unsolicited facsimile (hereinafter "fax") advertising was a constitutional regulation of commercial speech since the provision reasonably fit the government interest in preventing advertisement cost-shifting to the consumer. Five days later, in Moser, the same three-judge panel reversed a district court decision and upheld the …