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MOSER v. F.C.C.

Civ. No. 92-1408-AS.

811 F.Supp. 541 (1992)

Kathryn MOSER and National Association of Telecomputer Operators, Plaintiffs, v. FEDERAL COMMUNICATIONS COMMISSION, a federal agency, and Alfred C. Sikes, in his capacity as Chairman of the Federal Communications Commission, Defendants.

United States District Court, D. Oregon.

December 22, 1992.

Attorney(s) appearing for the Case

Charles Hinkle, Julianne Ross Davis, Stoel Rives Boley Jones & Grey, Portland, OR, for plaintiffs.

Charles H. Turner, U.S. Atty., Herbert C. Sundby, Asst. U.S. Atty., Portland, OR, Jane E. Mago, Asst. Gen. Counsel, James M. Carr, Counsel, F.C.C., Washington, DC, for defendants.

OPINION

REDDEN, Chief Judge:

Plaintiffs move for a preliminary injunction enjoining defendants from enforcing 47 U.S.C. § 227(b)(1)(B), a federal statute that prohibits using an artificial or prerecorded voice to deliver some commercial messages to residential telephone lines without the consent of the called party. For the reasons that follow, injunctive relief is granted.

BACKGROUND

Plaintiff Kathryn Moser operates a chimney sweeping...

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