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University of Richmond

2004

Anderson v. Treadwell

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Defendant’S Brief — Federal Trade Commission Jan 2004

Defendant’S Brief — Federal Trade Commission

Richmond Journal of Law & Technology

Plaintiff/petitioner telemarketers brought these actions challenging the FTC’s and FCC’s joint implementation of a nationwide do-not-call registry. The FTC created the registry as part of its Telemarketing Sales Rule. The Rule prohibits tele- marketers and sellers from calling phone numbers that consumers have listed on the registry. Subsequently, the FCC amended its rules implementing the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227, to prohibit persons from mak- ing telephone solicitations to residential telephone subscribers who have registered their telephone numbers on the registry. Since June 27, 2003, when the registry opened, consumers have registered more than 50 million …


Defendant’S Reply Brief — Federal Trade Commission Jan 2004

Defendant’S Reply Brief — Federal Trade Commission

Richmond Journal of Law & Technology

The do-not-call registry is the product of concerted, measured efforts by Congress and two agencies over more than a decade. When Congress passed the Telephone Consumer Protection Act (“TCPA”), it recognized that the nature and volume of unwanted telemarketing had created significant intrusions into residential privacy that individuals were powerless to combat. Congress authorized creation of a do-not-call registry at that time, but gave the Federal Communications Commission (“FCC”) latitude to consider other options, such as requiring telemarketers to keep their own do-not-call lists.


Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation Jan 2004

Brief Of Amici Curiae — United States Senate Committee On Commerce, Science, And Transportation

Richmond Journal of Law & Technology

This Amicus Curiae Brief is respectfully filed by the undersigned members of the United States Senate Committee on Commerce, Science, and Transportation (“Committee”). Acting in our capacity on behalf of the United States government, we may file this Brief pursuant to Fed. R. App. P. 29(a). The Committee exercises oversight responsibility for both the Federal Trade Commission (“FTC”) and the Federal Communications Commission (“FCC”). With the respect owed to a co-equal branch of government, we file this Brief to share with the Court our strongly-held views regarding the constitutional law issues in contest in this appeal and the vital public …