on 5/26/2003 3:31 PM Dean Anderson wrote: > Not only is the FTC business friendly, but so is Congress, and the > Courts (which struck down the junk fax law). The only instance I know of where the TCPA was "struck down", the ruling was reversed on appeal in the 8th circuit. http://www.techlawjournal.com/topstories/2003/20030321.asp has a sumamry http://www.ca8.uscourts.gov/opndir/03/03/022705P.pdf has the opinion | We conclude that 47 U.S.C. § 227(b)(1)(C) satisfies the | constitutional test for regulation of commercial speech and thus | withstands First Amendment scrutiny. There is a substantial | governmental interest in protecting the public from the cost | shifting and interference caused by unwanted fax advertisements, | and the means chosen by Congress to address these harms directly | and materially advances the governmental interest. The statute is | also narrowly tailored to create a reasonable fit with its | objective. Accordingly, we reverse the judgment dismissing the | claims asserted under § 227(b)(1)(C) and remand the case to the | district court for further proceedings consistent with this | opinion. The TCPA has survived in other circuits as well. standard disclaimer applies, IANAL -- Eric A. Hall http://www.ehsco.com/ Internet Core Protocols http://www.oreilly.com/catalog/coreprot/