The Pennsylvania Consumer Protection Agency (PCPA) investigates the marketing practices of Respond Now!, Inc The PCPAserves a subpoena on Respond Now!, ordering the firm to provide certain business records, including its marketing agreements with other
companies. Respond Now!refuses to comply with the subpoena. On what is the company most likely basing its refusal? Is a court likely to support this position? Why or why not?
Respond Now!is most likely refusing to comply with the subpoena on the ground that it has a constitutional privilege against self-incrimination. A corporation cannot invoke the U.S. Constitution's privilege against self-incrimination as a basis for refusing to produce documents in response to a subpoena, however, which means that a court is most likely to rule against Respond Now! A corporation can be compelled to comply with such a subpoena, because a corporation is a legal entity and not a natural person. The Fifth Amendment's guarantee extends only to natural persons. Also, an employee of the corporation in charge of the corporate records cannot rely on his or her personal privilege against self incrimination as a basis for refusing to produce the records.
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