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SOUNDBOARD ASSOCIATION v. F.T.C.

No. 17-5093.

888 F.3d 1261 (2018)

SOUNDBOARD ASSOCIATION, Appellant v. FEDERAL TRADE COMMISSION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided April 27, 2018.

Attorney(s) appearing for the Case

Karen Donnelly argued the cause for appellant. With her on the briefs was Errol Copilevitz , Kansas City, MO. Daniel W. Wolff , Washington, DC, entered an appearance.

Matthew M. Hoffman , Attorney, Federal Trade Commission, argued the cause for appellee. With him on the brief were David C. Shonka , Acting General Counsel, and Joel Marcus , Deputy General Counsel. Michele Arington and Leslie R. Melman Assistants General Counsel, and Bradley Grossman , Attorney, entered appearances.

Thomas C. Bennigson was on the brief for amicus curiae Public Good Law Center in support of appellee.

Dissenting Opinion filed by Circuit Judge Millett.

This appeal arises from Appellant Soundboard Association's ("SBA's") challenge to a November 10, 2016 informal opinion letter (the "2016 Letter") issued by Federal Trade Commission ("FTC" or "Commission") staff. The 2016 Letter stated it was the FTC staff's opinion that telemarketing technology used by SBA's members is subject...

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