Moser v. Frohnmayer

Plaintiff brought this declaratory judgment action challenging the constitutionality of ORS 759.290. He appeals from a summary judgment for defendants. We reverse.

Plaintiff is a chimney sweep who uses a ‘ ‘telemarketing computer” to advertise his service. The computer automatically and systematically dials telephone numbers in plaintiffs service area. When it connects with someone who answers “hello,” it plays a recorded message concerning plaintiffs business. ORS 759.290 provides:

“(1) No person shall use an automatic dialing and announcing device to solicit the purchase of any realty, goods…