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- Title
Are Mailing Lists Protected Free Speech? Despite Dissent, the Supreme Court Remains Silent.
- Authors
McKinney, Bryan; Morales Olazábal, Ann; Cava, Anita; Sacasas, René
- Abstract
This article looks at the issue of whether mailing lists are protected free speech, intrinsic in Trans Union LLC v. Federal Trade Com'n, 122 S.Ct. 2386 (2002); Trans Union Corp. v. F.T.C., 245 F.3d 809 (D.C. Cir. 2001) ('Trans Union II'); and Trans Union Corp. v. F.T.C., 81 F.3d 228 (D.D. Cir. 1996) ('Trans Union I'). At issue in the court cases is whether Trans Union's target marketing lists are consumer reports and therefore subject to the limitations of the Fair Credit Reporting Act (FCRA). For direct marketers, the Trans Union trilogy is significant. Based on the D.C. circuit court opinion, it appears that Trans Union and other credit bureaus will be unable to sell mailing lists. In the longer term, direct marketers and credit-reporting agencies might focus their lobbying efforts on amending section 1681b of the Fair Credit Practices Act to include target marketing lists as one of the authorized uses of consumer reports.
- Subjects
MAILING lists (Lists of addresses); TARGET marketing; CREDIT bureaus; DIRECT marketing; TRANSUNION LLC; CREDIT ratings; COMMERCIAL law; UNITED States. Federal Trade Commission; ACTIONS &; defenses (Law)
- Publication
Journal of the Academy of Marketing Science, 2003, Vol 31, Issue 2, p214
- ISSN
0092-0703
- Publication type
Article
- DOI
10.1177/0092070303031002014