Skip to main content
· 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 CourtListener

Sourced 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.