The first section of this Note examines the relevant federal laws that are already in place to assist the frustrated public in avoiding these unwanted calls. The second section discusses the constitutionality of such legislation and why it is considered to improperly limit the freedom of commercial speech. The third section focuses upon what the states have done to supplement the federal law and increase regulation as well as the proposed changes in the federal law itself. The fourth section analyzes the ineffectiveness of the federal and state regulations in place and specifically argues against the allowance of exceptions in these laws, including those for nonprofit organizations, charities, and companies with which the consumer has an established business relationship.
Note, How Can They Keep Calling Me - Exemptions and Loopholes in the Telephone Consumer Protection Act and the Need for Further Regulation, 51 Clev. St. L. Rev. 487 (2002-2003)