Abstract
In recent years, the public has become increasingly concerned over threats to privacy posed by the commercial use of personal data. In response, Congress has enacted, or is considering, legislation to protect sensitive transactional data in diverse commercial fields. However, because the use of customer data may lead to greater market shares and profits, companies have zealously advocated their countervailing interests. When lobbying fails to dilute privacy legislation, companies may increasingly rely on a relatively new weapon: the First Amendment commercial speech doctrine. In a "harbinger" of future clashes between privacy and commercial speech, a divided Tenth Circuit ruled in U.S. West, Inc. v. FCC' that a Federal Communications Commission Order ("FCC") that required companies to obtain express customer approval before using phone records for marketing purposes violated the companies' First Amendment right to engage in commercial speech.2 This Note explores some of the significant issues presented in U.S. West.
Recommended Citation
Dymek, Andrew
(2001)
"A Clash Between Commercial Speech
and Individual Privacy: U.S. West v. FCC,"
Utah Law Review: Vol. 2000:
No.
3, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol2000/iss3/5