Disclaimer
The following story is a fictionalized version of a real event reflecting laws that may not apply to your jurisdiction. This article is produced for entertainment purposes only and should not be interpreted as legal advice. Readers are advised to seek legal advice relevant to their circumstances, the jurisdiction in which their matter pertains to and the laws in place therein.
“I realigned a few vertebrae. But no more lifting your wife at tango class!” the chiropractor joked.
“You really crack me up, Doc!” the elderly patient laughed.
Dr. Fenderbrook leaned out of his office. “Whose next?”
“That’s it,” his receptionist, Trudy said.
Phil gasped. “Why is business so lousy?”
“You crack as good as anyone, Phil. But you’re lousy at marketing.
The phone rang. Trudy answered. “Hello… hang on. It’s for you, Phil.”
“GREAT! What is it, back ache?”
“Telemarketer,” Trudy mumbled.
“Hang up,” Phil huffed. “On second thought…” Phil grabbed the phone. “Hi there…no I don’t want matching luggage. Can I talk to your boss?”
The next day, Phil signed on with Tele-Success, the city’s most aggressive telemarketing service. The Tele-Success staff was mobilized.
“Alright people, we’ve got recent accident reports. These people need Dr. Fenderbrook!”
One of the telemarketers called Marley Swanson. “Hmm…whiplash patient from a fender bender yesterday…”
Across town, Marley was getting settled on her living room couch. Her husband Fred was hovering. “Let me make tea. Let me fluff the pillows. Let me…”
Marley smiled. “It’s a neck brace, not a body cast.”
“The orthopedist said that you need rest. Doctors know best.”
The phone rang. “I’ll get it,” Fred called from the kitchen. “Ouch… I cut myself with the butter knife…”
Marley groaned. “We’ll soon have two invalids here.”
The phone kept ringing. “I’m coming,” Fred yelled. “Oh no!The tea set shattered!”
“I’ll get the phone,” Marley slowly walked over to the phone. “Hello? Yes, I’m Mrs. Swanson…Dr. Fenderbrook will help my neck? How sweet…I’ve never tried a chiropractor…”
Fred ran into the room carrying a dripping tray.“Chiropractor? You’re not seeing a ‘wannabe doctor’! Give me that phone!”
In his haste, Fred tripped over the coffee table. “Ow! My back!”
“Make that two appointments with Dr. Fenderbrook,” Marley sighed into the phone.
Fred refused to see the chiropractor. “I’m complaining to the Chiropractors Association. Fenderbrook’s telemarketing invaded our home.”
Dr. Fenderbrook was fined and put on probation.
He appealed.
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IN THE COURTROOM
Dr. Fenderbrook was livid. “Your Honour, the State Board’s telemarketing restrictions are a clear violation of my right to free speech!”
The Board fought back. “People have a right to tranquility and privacy at home. They shouldn’t feel pressured to see a chiropractor or anyone right after an accident when they might not be thinking straight. We have to protect the profession’s reputation and reduce unnecessary treatment.”
Should the phone calls be allowed? You! Be The Judge. Then look below for the court’s decision.
THE DECISION
“Dr. Fenderbrook can keep calling,” held Judge Sam. “The calls are neither misleading or related to illegal activity. The Board’s reasons for the rule are not strong enough to outweigh the fundamental principal of free speech.”
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