nstructions Start Writing Pursuant to eriabling statutes, two federal administra

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nstructions Start Writing Pursuant to eriabling statutes, two federal administrative agencies-the Federal Trade Commission (FTC) and the Federal Communications Commission (FCc)-created the national do-not-call registry. The national do-not-call registry is a list that contains the personal telephone numbers of telephone users who have voluntarily placed themselves on this list, indicating that they do not want to receive unsolicited calls from commercial telemarketers. Commercial telemarketers are prohibited from calling phone numbers that have been placed on the do-not-call registry. Telemarketers must pay an annual fee to access the phone numbers on the registry so that they can delete those numbers from their solicitation lists. The national do-not-call registry restrictions apply only to telemarketers calls made by or on behalf of sellers of goods or services. Charitable and fund-raising calls are exempt from the do not-call registry's restrictions. Persons who do not voluntarily place their phone number on the do-not-call registry may still receive unsolicited telemarketers' calls Mainstream Marketing Services, Inc., and other telemarketers sued the FTC and the FCC in several lawsuits, alleging that their free speech rights were violated and that the do-not-call registry was unconstitutional. The FTC and FCC defended the list, arguing that unsolicited telemarketing calls constituted commercial speech that could properly be regulated by the government's do-not-call registry's restrictions. The separate lawsuits were consolidated for appeal. Are unsolicited telemarketing calls commercial speech that is constitutionally regulated by the do-not-call registry restrictions? Do telemarketers act ethically in calling persons with their promotions and sales pitches? Did the

Explanation / Answer

Are unsolicited telemarketing calls commercial speech?

The 1980 case law of Central Hudson Gas & Electric Corp v. Public Service Commission of New York, the Court laid down four criteria to determine whether commercial speech can be regulated or not

Telemarketers are acting ethically in calling persons to promote their products

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