1st Amendment and Free Speech/FCC and Autodialers

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Expert: - 8/18/2001


Question
Hello Michael,
Im not sure if you are the right guy for the job, but you seemed the closest i could find.  Recently i have been calls from automatic dialers with pre-recorded messages.  After some investigating, i found this page http://www.fcc.gov/ccb/consumer_news/unsolici.html  It says "The FCC's rules prohibit artificial (computerized) voice or prerecorded voice calls to your home."  Exactly what I thought.  The most recent call was a Law office offering full legal coverage for $30 a month.  That is an unsolicited advertisement for sure.  How can a Law office do this? What do they know that I dont?  I want to file a suit or take some kind of action against these spammers.  Any advice you have would be very helpfull.  Thank You - Ryan.

Answer
Hi Ryan,

FCC regulations forbid the sort of call you described.  Just because it is a law office doesn't mean they aren't breaking the law.  You can report such violations to the FCC.  Include the name of the lawfirm, and any other information you know about it, the day and approximate time of the call.

Send your complaint to:

FCC Common Carrier Bureau Enforcement Div.
1919 M Street NW  
Washington DC, 20554

The FCC should investigate and hopefully fine the person guilty of this violation.

- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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