· 7/14/1995
Richard T. Van Bergen v. State of Minnesota Hubert H. Humphrey, Iii, in His Capacity as Attorney General of the State of Minnesota
Citations
- 59 F.3d 1541
- 23 Media L. Rep. (BNA) 2185
- 78 Rad. Reg. 2d (P & F) 1536
- 1995 U.S. App. LEXIS 17022
- 1995 WL 413107
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding government had substantial interest, motivated by protecting consumer privacy, in limiting use of unsolicited sales calls by auto-dialing/announcing devices
- finding that Minnesota's interest in protecting its citizens from unwanted annoyances was a sufficient interest to regulate automated telephone calls
- upholding exemption where \the caller has a relationship with the subscriber implying the subscriber's consent to receive the caller's communications\
- upholding exemption where “the caller has a relationship with the subscriber implying the subscriber’s consent to receive the caller’s communications”
- rejecting an over-breadth argument because the affected third-party commercial entities were capable of bringing the constitutional claim themselves and because the statute would not likely chill their speech
- upholding a state analogue of the TCPA as a content-neutral time, place, or manner restriction
Source: CourtListener parenthetical corpus (CC0).
Judges: Magill, Gibson, Arnold
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.