Business Law 11th Edition by Kenneth Clarkson,Roger LeRoy Miller,Gaylord Jentz,Frank Cross

Exercise 12

Supremacy Clause The Federal Communications Act of 1934 grants the right to govern all interstate telecommunications to the Federal Communications Commission (FCC) and the right to regulate all intrastate telecommunications to the states. The federal Telephone Consumer Protection Act of 1991, the Junk Fax Protection Act of 2005, and FCC rules permit a party to send unsolicited fax ads to recipients with whom the party has an "established business relationship" if those ads include an "opt-out" alternative. Section 17538.43 of California's Business and Professions Code (known as "SB 833") was enacted in 2005 to provide the citizens of California with greater protection than that afforded under federal law. SB 833 omits the "established business relationship" exception and requires a sender to obtain a recipient's express consent (an "opt-in" provision) before faxing an ad to that party into or out of California. The Chamber of Commerce of the United States filed a suit against Bill Lockyer, California's state attorney general, seeking to block the enforcement of SB 833. What principles support the plaintiff's position How should the court resolve the issue Explain. [ Chamber of Commerce of the United States v. Lockyer, 463 F.3d 1076 (E.D.Cal. 2006)]