Commonwealth v. Smoky Mountain Secrets, Inc.

By Judge Melvin R. Hughes, Jr.

In this proceeding, the Commonwealth of Virginia has sought to have the court impose certain civil penalties under the Virginia Solicitation of Contributions (VSOC) statutes and other laws on Smoky Mountain Secrets, Inc. (Smoky Mountain) for alleged illegal conduct in the defendant’s telemarketing activities. Before the court determines whether the evidence adduced in a four day trial in April amounts to any such violations, a question of the constitutionality of the VSOC statute has been raised by Smoky Mountain which must be determined beforehand.

The issue is…