This file of BUSN 420 Week 1 DQ1 May I Call You includes:
In 2003, Congress enacted a restriction on telemarketing, known as the National Do-Not-Call list, which made it illegal after October 1, 2003, for telemarketers to place unsolicited commercial calls to consumers. A consumer may register up to three residential phone numbers for the list. The Act does not prohibit calls from political campaigns and others seeking support for political candidates, nor calls from certain charities seeking donations. The Act provides for significant financial penalties imposed by the Federal Communications Commission on any telemarketer or company that violates the law. Some telemarketer organizations claim that the law is unconstitutional. Also in 2003, Congress enacted the CAN SPAM Act, prohibiting certain kinds of spam e-mail nationwide. The CAN SPAM Act also states that, This act supersedes any statute, regulation or rule of a state that expressly regulates the use of electronic mail to send commercial messages, except to the extent that the state rule prohibits deception in any portion of a commercial electronic mail message or information attached thereto. In September, 2005, California enacted a new anti-SPAM law that applies to spam e-mail either sent from a server in California or sent to a California e-mail address. What constitutional law issues are raised by these statutes, and who should prevail?
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