Aboud, Whipple Van Nessjones, Subscribe Scott Fane, Plaintiff-appellee, v.
Kennedy delivered the opinion of the Court. Before moving to Florida inFane had his own accounting CPA practice in New Jersey, specializing in providing tax advice to small and medium sized businesses.
He often obtained business clients by making unsolicited telephone calls to their executives and arranging meetings to explain his services and expertise.
This direct, personal, uninvited solicitation was permitted under New Jersey law. When he moved to Florida, Fane wished to build a prac tice similar to his solo practice in New Jersey but was unable to do so because the Board of Accountancy had a comprehensive rule prohibiting CPAs from engaging in the direct, personal solicitation he had found most effective in the past.
Fane alleged that but for the prohibition he would seek clients through personal solicitation and would offer fees below prevailing rates. His premise was that a CPA who solicits clients "is obviously in need of business and may be willing to bend the rules.
Dooner also suggested that the ban was needed to prevent "overreaching and vexatious conduct by the CPA. The District Court gave summary judgment to Fane and enjoined enforcement of the rule "as it is applied to CPAs who seek clients through in person, direct, uninvited solicitation in the business context.
A divided panel of the Court of Appeals for the Eleventh Circuit affirmed. We granted certiorari, U. In soliciting potential clients, Fane seeks to communicate no more than truthful, non deceptive information proposing a lawful commercial transaction.
This case comes to us testing the solicitation, nothing more. That is what the State prohibits and Fane proposes.
Whatever ambiguities may exist at the margins of the category of commercial speech, see, e. Virginia Citizens Consumer Council, Inc. While we did uphold a ban on in person solicitation by lawyers in Ohralik v. There are, no doubt, detrimental aspects to personal commercial solicitation in certain circumstances, see id.
In the commercial context, solicitation may have considerable value.
Unlike many other forms of commercial expression, solicitation allows direct and spontaneous communication between buyer and seller. A seller has a strong financial incentive to educate the market and stimulate demand for his product or service, so solicitation produces more personal interchange between buyer and seller than would occur if only buyers were permitted to initiate contact.
Personal interchange enables a potential buyer to meet and evaluate the person offering the product or service, and allows both parties to discuss and negotiate the desired form for the transaction or professional relation. Solicitation also enables the seller to direct his proposals toward those consumers whom he has a reason to believe would be most interested in what he has to sell.
For the buyer, it provides an opportunity to explore in detail the way in which a particular product or service compares to its alternatives in the market.
In particular, with respect to nonstandard products like the professional services offered by CPAs, these benefits are significant.Fane is a certified public accountant ("CPA") who is certified in New Jersey and Florida.
In the mid's, he moved to Florida to set up an accounting practice, and sought to solicit business via in-person contacts with businesses . FRED H. EDENFIELD, et al., PETITIONERS v. SCOTT FANE on writ of certiorari to the united states court of appeals for the eleventh circuit [April 26, ]Justice Kennedy delivered the opinion of the Court..
Respondent Scott Fane is a CPA licensed to practice in the State of Florida by the Florida Board of Accountancy. Case Scott Fane, CPA Scott Fane, CPA—Key Facts 1. Scott Fane, CPA, moved to Florida from New Jersey in because he hoped that Florida’s healthy economy would allow him to develop a successful accounting practice.
The lowest-priced brand-new, unused, unopened, undamaged item in its original packaging (where packaging is applicable). Packaging should be the same as what is found in a retail store, unless the item is handmade or was packaged by the manufacturer in . Fane and the Current State of the Commercial Speech Doctrine Dennis William Bishop Dennis William BishopBuilding the House on a Weak Foundation: Edenfield v.
Fane and the Current State of the Commercial Speech Doctrine, 22 Pepp. L. Rev. 3 () When Scott Fane, a certified public accountant (CPA), challenged a. Scott Fane was a CPA licensed to practice In New Jersey and Florida. He built his New Jersy practice by making unsolicited phone calls to executives.
When he moved to Florida, the Board of Accountancy there prohibited him (and all CPAs) from personally soliciting new business.