Venable attorneys have filed a petition for certiorari with the United States Supreme Court seeking reversal of a decision by the North Dakota Supreme Court on behalf of FreeEats.com, a company that conducts telephone political polls. The North Dakota court held that a North Dakota law, which prohibits calls made with prerecorded message technology, trumped a Federal Communications Commission regulation allowing such calls and imposed a fine on FreeEats.
In the petition, FreeEats argues that the Federal Telephone Consumer Protection Act preempts the state law under well-settled principles of statutory interpretation and preemption.
Please click on the link to the left to view the petition for certiorari and the petitioners reply brief.