Legal Opinion

Commonwealth Ex Rel. Cowan v. Telcom Directories, Inc.

Kentucky Supreme Court

Decided April 11, 1991No. 90-SC-223-DGPublishedCited by 15 opinions

1Opinion of the Court

JOHN DAVID COLE, Special Justice.

The question before the Court is whether the Kentucky Consumer Protection Act is preempted by the U.S. Postal Service regulations dealing with nonmailable materials.

The Attorney General in the complaint, as amended, alleges Appellee Telcom Directories, Inc. (hereinafter Telcom) engaged in a course of conduct that was unfair, false, misleading and deceptive in violation of the Kentucky Consumer Protection Act, KRS 367.170.

Telcom is a Nevada corporation that has as its only contact with this state the direct mail solicitation of business. This is done in the…

2Cases cited14 opinions

  1. Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
  2. Roth v. United StatesSupreme Court of the United States · 1957
  3. Hines v. DavidowitzSupreme Court of the United States · 1941
  4. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  5. Florida Lime & Avocado Growers, Inc. v. PaulSupreme Court of the United States · 1963

9 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. Fischer v. FischerKentucky Supreme Court · 2011
  2. Kentucky Laborers District Council Health & Welfare Trust Fund v. Hill & Knowlton, Inc.District Court, W.D. Kentucky · 1998
  3. Lexington Fayette County Food & Beverage Ass'n v. Lexington-Fayette Urban County GovernmentKentucky Supreme Court · 2004
  4. Commonwealth Ex Rel. Corbett v. Peoples Benefit Services, Inc.Commonwealth Court of Pennsylvania · 2007
  5. Petzold v. Kessler Homes, Inc.Kentucky Supreme Court · 2010

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