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- FCC (9)
- Telephone Consumer Protection Act (8)
- FTC (7)
- Telemarketing Sales Rule (6)
- Federal Communications Commission (5)
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- TCPA (5)
- Telemarketing and Consumer Fraud and Abuse Prevention Act (5)
- AARP (4)
- Federal Trade Commission (4)
- TSR (4)
- Anderson v. Treadwell (3)
- Do Not Call Registry (3)
- Do-Not-Call Registry (3)
- Edenfield v. Fane (3)
- USA PATRIOT Act (3)
- AMENDMENTS TO FCC RULES (2)
- AOL (2)
- American Teleservices Association (2)
- Board of Trustees of the State University of New York v. Fox (2)
- Central Hudson Gas & Electric Corp. v. Public Service Commission (2)
- Central Hudson Gas & Electric Corp. v. Public Service Commission of New York (2)
- Cincinnati v. Discovery Network (2)
- Competitive Telecommunications Association (2)
- Direct Marketing Association (2)
- Do Not Call Implementation Act (2)
- Do Not Call List (2)
- FRCP (2)
- Federal Rules of Civil Procedure (2)
- Mainstream Marketing Services (2)
- NAAG (2)
Articles 1 - 30 of 36
Full-Text Articles in Law
Brief Of Amicus Curiae — U.S. States
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, …
“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 …
Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone
Collaborative Navigation Of The Stormy E-Discovery Seas, Robert Douglas Brownstone
Richmond Journal of Law & Technology
Seventy years ago, when the world was still paper-based, a famous lyricist wrote: “Say, it’s only a paper moon [s]ailing over a cardboard sea. But it wouldn’t be make-believe [i]f you believed in me.” Jump to today’s digital world, and imagine those lines re-written in an e-mail from a litigator to a client: “Now, underneath each paper moon is a vast electronic sea. If you plot a realist’s course you’ll cruise e-Discovery.” In the twentieth century, while civil litigation often wallowed in discovery disputes, at least paper’s one-dimensional nature provided several boundaries. The expansive powers of …
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.
Using Adr To Resolve Online Disputes, Aashit Shah
Using Adr To Resolve Online Disputes, Aashit Shah
Richmond Journal of Law & Technology
In the context of the Internet, where parties located in different corners of the world can contract with each other at the click of a mouse, litigation of online disputes is often inconvenient, impractical, time-consuming and prohibitive. Providing an alternative approach to resolve online disputes might assist in redressing grievances and gaining consumer confidence in e-commerce. Alternative Dispute Resolution (ADR) is an appurtenant candidate for such an approach. The Virtual Magistrate Project, launched in 1996, initiated the idea of using ADR to resolve Internet-related disputes. The joint statement promoting the use of ADR in cyberspace, made by the European Union …
Defendant’S Brief — Federal Trade Commission
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 …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Richmond Journal of Law & Technology
On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the fourth issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! Issue 4 is the world’s rst collection of Do Not Call List materials compiled in a single law review issue. Issue 4 contains several preexisting materials, including Congressional testimony, party briefs, and amicus briefs for the Do Not Call List appeal before the Tenth Circuit Court of Appeals, in additional to original scholarly articles prepared speci cally for the Journal.
Telemarketing Sales Rule Commentary — Cox Enterprises, Inc.
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.
“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 …
Brief Of Amici Curiae — Aca International
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.
Brief Of Amici Curiae – Representatives W.J. “Billy” Tauzin And John D. Dingell And Certain Other Members Of The House Of Representatives Of The United States
Richmond Journal of Law & Technology
In 1995, the Federal Trade Commission (“FTC”) promulgated telemarketing rules that prohibit “a seller or telemarketer [of goods or services] from calling a consumer who has previously asked not to be called by or on behalf of that seller.” Earlier this year, the FTC amended its rules to make it easier for consumers to avoid telemarketing calls. Under the revised rule, commonly known as the “Do Not Call” rule, individuals can choose to prohibit all commercial telemarketing calls to their homes or cellular phones, with a limited exception for calls made pursuant to an established business relationship. The revised FTC …
A Topic Both Timely And Timeless, James Gibson
A Topic Both Timely And Timeless, James Gibson
Richmond Journal of Law & Technology
The courtroom is the crucible of the law, where the fire of litigation tests the intellectual and political forces that inform social policy. Discovery - the process by which litigants identify and assemble their evidence - provides the fuel for the fire. Indeed, not long ago most of the evidence that the discovery process produced was, quite literally, flammable: boxes upon boxes of paper documents.
Electronic Discovery Best Practices, Virginia Llewellyn
Electronic Discovery Best Practices, Virginia Llewellyn
Richmond Journal of Law & Technology
The concept of electronic discovery is still somewhat intimidating to many attorneys, but those who have learned to implement electronic discovery best practices are enjoying the advantages it offers, which include greater control over document review and production processes as well as significant cost reductions. Whether you come to the discovery process as in-house or outside counsel, you can anticipate some of the issues involved in responding to electronic data requests. Pre-review cooperation among in-house counsel, their litigators, and Information Technology (IT) personnel is ideal for planning a successful electronic discovery response.
An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine
An Analysis Of The Factors That Determine When And How To Resolve A Trademark Dispute, Thomas J. Speiss, Stephen M. Levine
Richmond Journal of Law & Technology
Business and war have one thing in common: strategy. “Never to be undertaken thoughtlessly or recklessly, [strategy is] to be preceded by measures designed to make it easy to” obtain the desired outcome. “A skilled general must be master of the complementary arts of simulation and dissimulation; while creating shapes to confuse and delude the [negotiating adversary] he conceals his true dispositions and ultimate intent.” His actions “are designed to entice the [adversary], to unbalance him, and to create a situation favourable for a decisive counter-stroke.”
Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott
Arrgh! Hollywood Targets Internet Piracy, Anna E. Engelman, Dale A. Scott
Richmond Journal of Law & Technology
As technology advances, the threat of rampant and unprecedented theft of digital media continues to grow. The music industry has already faced, and continues to face, this threat, but has largely failed in defending musicians’ intellectual property.
Defendant’S Reply Brief — Federal Trade Commission
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
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 …
“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-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Michael K. Powell
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Michael K. Powell
Richmond Journal of Law & Technology
Good morning, Mr. Chairman and distinguished members of the Committee. It is my pleasure to come before you today with my colleague Federal Trade Commission Chairman Tim Muris to discuss the implementation of the national Do-Not-Call Registry.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Sean Sullivan Kumar
Richmond Journal of Law & Technology
On behalf of the Editorial Board and Staff, I would like to welcome you to Volume XI of the Richmond Journal of Law & Technology. As we look ahead to the coming year, and particularly to our tenth anniversary this April, we would like to thank you for your continued support. The Richmond Journal of Law & Technology would not be what it is today without quality submissions from practitioners, positive feedback from our readers, and the diligent efforts of so many who have worked to make the Journal a success over the past ten years. In this first issue, …
Learning From The Mistakes Of The Past: Disclosure Of Financial Conflicts Of Interest And Genetic Research, Christopher Jackson
Learning From The Mistakes Of The Past: Disclosure Of Financial Conflicts Of Interest And Genetic Research, Christopher Jackson
Richmond Journal of Law & Technology
“Every human being of adult years and sound mind has a right to determine what shall be done with his own body . . . .” From Benjamin Cardozo’s early expression of the principle of patient autonomy emerged the doctrine of informed consent, defined by both contract and fiduciary laws and elaborated upon by courts, state and federal legislatures, and professional associations. Later, as the world sought to reassemble itself following the horrors of World War II, the promulgation of the Nuremberg Code established an international standard for the treatment of human research subjects. The experiences of the Nazi atrocities, …
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii
Richmond Journal of Law & Technology
On behalf of the 2003-2004 Editorial Board, I would like to welcome you to the third issue of the Richmond Journal of Law & Technology’s 2003-2004 publication term! This issue includes three articles covering the AOL Instant Messenger restriction before the FCC, online alternative dispute resolution, and a proposal for regulating Internet gambling.
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.
The Do-Not-Call List’S Big Hang-Up, Jared Strauss
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.
Plaintiff’S Brief — Mainstream Marketing Services, Inc., Tmg Marketing, Inc. And American Teleservices Association
Richmond Journal of Law & Technology
This case is a cautionary tale about what happens when federal agencies allow perceived political imperatives to override legal and constitutional concerns.
Brief Of Amicus Curiae – American Association Of Retired Persons
Brief Of Amicus Curiae – American Association Of Retired Persons
Richmond Journal of Law & Technology
AARP is a non-partisan, non-profit organization with more than 35 million members aged 50 and older. As the largest membership organization representing the interests of older Americans, AARP has a longstanding interest and involvement in combating telemarketing abuses and educating consumers about dealing with unwanted sales calls. While AARP’s concerns about telemarketing arose due to widespread fraudulent practices that targeted older persons (and those concerns continue), these initial concerns led to an expanded focus on effective means to reduce numerous, repeated intrusions into people’s homes by callers trying to sell myriad products and services. AARP thus has devoted significant resources …
“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, Timothy J. Muris
“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
“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.
“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 …
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.