[Download] "Leave Me Alone! the Delicate Balance of Privacy and Commercial Speech in the Evolving Do-Not-Call Registry." by Federal Communications Law Journal # Book PDF Kindle ePub Free
eBook details
- Title: Leave Me Alone! the Delicate Balance of Privacy and Commercial Speech in the Evolving Do-Not-Call Registry.
- Author : Federal Communications Law Journal
- Release Date : January 01, 2008
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 301 KB
Description
I. INTRODUCTION Before the do-not-call list was established, the average consumer could expect an unsolicited sales call every two to three days. (1) To give consumers a way to avoid this problem, in 2003 the national do-not-call registry went into effect, prohibiting telemarketers from contacting any consumer who chose to register his or her telephone number on the list. Registering for the list can be done over the phone or on the Internet, literally taking less than one minute. This gave consumers the opportunity to "opt-out" of receiving telemarketing phone calls on the condition that they re-register their phone numbers every five years. The five-year requirement would ensure that the number is still accurate and also that the consumer wanted to remain on the list. Consumers nationwide did not hesitate to jump at such an opportunity. By 2004, more than fifty million phone numbers had been registered, (2) with that number nearly tripling by 2007. (3) Despite, or more likely because of, the registry's popularity, telemarketing firms across the country challenged its validity on the grounds that it was an unconstitutional regulation of commercial speech. (4) The Tenth Circuit has addressed the issue, holding that the regulation adequately satisfied the narrow tailoring requirement in order to remain within the bounds of the Constitution, and ultimately "[upheld] the do-not-call list in its entirety," (5) resulting in millions of Americans cheering for their privacy.