1. Why does the Registry not apply to calls from political organizations or charities? Does this distinction...

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1. Why does the Registry not apply to calls from political organizations or charities? Does this distinction make sense to you?
2. In footnote 7, the court states that it is relying upon "common sense" rather than data. Does this surprise you? Do you think that the court's practice creates any potential problems? Would requiring extensive data create any other types of problems?
3. Do you think the court struck the right balance here between the rights of consumers and the rights of telemarketers? Does the "established business relationship" exception provide sufficient protection for the commercial interests of telemarketers? Are there other ways that the federal government could have addressed the issue of unwanted solicitation calls?

The four cases consolidated in this appeal involve challenges to the national do-not-call registry, which allows individuals to register their phone numbers on a national "do-not-call list" and prohibits most commercial telemarketers from calling the numbers on that list. The primary issue in this case is whether the First Amendment prevents the government from establishing an opt-in telemarketing regulation that provides a mechanism for consumers to restrict commercial sales calls but does not provide a similar mechanism to limit charitable or political calls. * * *

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The law of marketing

ISBN: 978-1439079249

2nd Edition

Authors: Lynda J. Oswald

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