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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NATIONAL FEDERATION OF * THE BLIND * * and * * SPECIAL OLYMPICS MARYLAND, * INC. * v. * CIVIL NO. JFM-03-963 * FEDERAL TRADE COMMISSION * ***** MEMORANDUM Plaintiffs National Federation of the Blind and Special Olympics Maryland, Inc. ("Plaintiffs") have filed this action against Defendant Federal Trade Commission ("FTC") challenging the amendments to the Telemarketing Sales Rule promulgated by the FTC. These amendments impose modest restrictions upon the activities of professional telemarketers who solicit charitable contributions on behalf of non-profit organizations. Plaintiffs claim that the amended rule exceeds the FTC's statutory authority and violates the First and Fifth Amendments to the United States Constitution. Pending before the court are the parties' cross-motions for summary judgment. For the reasons stated below, Plaintiffs' motion for summary judgment will be denied and Defendant's cross-motion for summary judgment will be granted. I. A. In 1994, Congress passed the Telemarketing Consumer Fraud and Abuse Prevention Act

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("Telemarketing Act"), 15 U.S.C.

Download National Federation of the Blind, et al. v. Federal Trade Commission.pdf

Maryland Law