What About The Lucky Leprechaun?: An Argument Against “The Telephone Consumer Protection Act of 1991”

Tuesday, January 1st, 1991 at 12:00 am by Ann Marie Arcadi
Ann Marie Arcadi, What About The Lucky Leprechaun?: An Argument Against “The Telephone Consumer Protection Act of 1991”, 1991 Colum. Bus. L. Rev. 417

Congress’ enactment of the Telephone Consumer Protection Act of 1991 unnecessarily divests small businesses of their access to affordable advertising. The Act tramples on the First Amendment rights of small businesses in an effort to uphold the privacy rights of its citizens. Further, the Act may stifle technological advancements in the telemarketing industry. With minimal effort towards examining the capabilities of automatic dialers and their manufacturers, Congress should realize that less destructive solutions to certain telemarketing intrusions are available and should be implemented. Congress could simply edit the Act or require the automatic dialers to comply with FCC promulgated standards. The Lucky Leprechaun has rights and deserves protection from Congress.

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