52 Federal Communications Law Journal 667 (2000)
Miller and Biggerstaff address the Telephone Consumer Protection Act of 1991 (TCPA). Specifically, they point out that because the TCPA does not preempt state law and Congress expressly intended it to coexist with state laws regulating intrastate telemarketing and fax advertising, confusion has evolved regarding the application of the TCPA to intrastate telemarketing calls and fax advertisements. This Article breaks the analysis into two questions: (1) did Congress intend intrastate calls to be covered by the statute; and (2) if Congress intended the statute to cover intrastate calls, is it constitutionally permissible for Congress to regulate calls and faxes that are purely intrastate in nature? The Authors affirmatively answer both of these questions and defend their position.
Miller, Hilary B. and Biggerstaff, Robert R.
"Application of the Telephone Consumer Protection Act to Intrastate Telemarketing Calls and Faxes,"
Federal Communications Law Journal:
3, Article 13.
Available at: http://www.repository.law.indiana.edu/fclj/vol52/iss3/13