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Mon 9 Aug, 2004 08:52 pm
I'm so sick and tired of telemarketers, and especially these new computers that call you at all hours trying to sell you something. So, this got me thinking, what stops advertisers from mounting a bullhorn to a vehicle, and driving around the streets blasting advertisements into peoples' homes? Well, there is probably some statute against this, but this would also probably be a nuisance, from which civil liability could result. So, what is different about computers calling our homes? According to my notes from Torts class, a Nuisance is an"act or activity on the property that is causing an unreasonable interference with somebody elses property that causes a substantial harm to that person's property." What is unreasonable is open for debate, but some courts balance the utility of the conduct of the respective parties (advertisement vs. peaceful enjoyment of ones' home).
So, what do you think, isn't this going a little far for commercial free speech under the 1st amendment? Is this a nuisance??
As I recall, back in the fifties they did just what you said: put loud speakers on the tops of trucks and drove around neighbourhoods. It's a dim memory, but I'm pretty sure it's true. We can only hope that some day telemarketing will be an equally dim memory.
As for the question, I don't see how it could be classified as anything but a nuisance, in the technical legal sense, and I've often wondered how it can be allowed.
Ssssssshhhhhh, but it has lessened here in California after there was a national signup number for putting your name on a don't call list. Well, that is at my home.
I still get insistent and obnoxious sales calls at our small office; these are very invasive, landing as they do in a busy place and being off the wall as to any of our needs, such as they are. I have a short temper about it.
When I was living in the states, these calls drove me insane and had a very negative effect on my life. I use to work at night and sleep during the day and since I couldn't shut my phone off because my son was in school, I was woken up all day long by these calls. I can't even tell you how exausted I was.
It is a nuisance, to say the very least. Since I moved to Canada, we've recieved very few of these calls and I am also on the no call list. It's very nice not to be constantly bothered by these calls.
These calls are an invasion of privacy and I think they should be banned. We pay for our phone service and no one other that the people you give your # too should have any right at all to call your #.
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