In Wakefield v. ViSalus, Inc., No. 21-35201, 2022 U.S. App. LEXIS 29228 (9th Cir. Oct. 20, 2022), the Court of Appeals held that aggregation of the TCPA’s penalties to $925 million raised due process concerns. ViSalus last argues that the Due Process Clause of the Fifth Amendment requires a reduction of the $925,220,000 statutory damages award. HN8 Whether a damages… Read More
In Williamson v. Irving K Motor Co. LLC, Civil Action No. 3:21-CV-1599-L-BH, 2022 U.S. Dist. LEXIS 101052, at *15-18 (N.D. Tex. June 7, 2022), Judge Ramirez denied a motion to dismiss a TCPA claim brought on the argument that SCOTUS' AAPC rendered the TCPA unenforceable from 2015 to 2020. A small number of district courts, including the Eastern Districts of Texas… Read More
In Hogans v. Charter Communs., Inc., No. 5:20-CV-566-D, 2021 U.S. Dist. LEXIS 182992, at *22-27 (E.D.N.C. Sep. 24, 2021), Judge Dever applied AAPC retroactively, and examined the various options for applying AAPC. In AAPC, a majority of the Court left unanswered the question of retrospective liability under section 227(b)(1)(A)(iii) for the time period in which it was unconstitutional. Three possible… Read More
In Lindenbaum v. Realgy, Ltd. Liab. Co., No. 20-4252, 2021 U.S. App. LEXIS 27159, at *2-4 (6th Cir. Sep. 9, 2021), the Court of Appeals for the Sixth Circuit found that the District Court erred in dismissing a TCPA claim based on the period of unconstitutionality found in Barr. In 1991, Congress prohibited almost all robocalls to cell phones and landlines.… Read More
In Buell v. Credit.com, No. 4:21-cv-01055-KAW, 2021 U.S. Dist. LEXIS 142763, at *1 (N.D. Cal. July 30, 2021), Judge Westmore refused to strike TCPA class allegations following Barr v. APAC. On April 19, 2021, Defendant Credit.com, Inc. filed a motion to strike Plaintiff Angela Buell's class allegations on the grounds that the recent United States Supreme Court decision in Barr… Read More
In Mey v. Medguard Alert, No. 5:19-CV-315, 2021 U.S. Dist. LEXIS 80083, at *13-14 (N.D.W. Va. Apr. 27, 2021), Judge Tates found that the SCOTUS' holding in Barr didn't render the TCPA unconstitutional for non-government backed debts. Those courts which have found the TCPA to be valid with regard to non-Government debt calls, even in light of Barr,include McCurley, supra; Less v. Quest… Read More
In Golan v. Veritas Entertainment, LLC, 2017 WL 3923162, No. 4:14CV00069 ERW (E.D. Mo. September 7, 2017), Judge Webber found, after a trial on the merits, that the TCPA’s damages provision has constitutional due process limitations and, therefore, reduced the statutory damages to be awarded to $10 per call. The violations in this case involved the use of automated telephone equipment… Read More
In Greenley v. Laborers' International Union of North America, Defendant, and United States of America, Intervenor., 2017 WL 4180159, at *1 (D.Minn., 2017), Judge Wright found that a TCPA claim brought against a Union survived a Motion to Dismiss and constitutional challenge. The facts were as follows: Greenley's amended complaint alleges that during a sixteen-month period from November 14, 2014, through March… Read More
In Connector Castings, Inc. v. Newburg Road Lumber Co., 2017 WL 3621329, at *2 (E.D.Mo., 2017), Judge Webber refused to strike an affirmative defense lodging a constitutional challenge to the TCPA. In its first affirmative defense, Defendant asserts, in relevant part, “The Telephone Consumer Protection Act…violates the First Amendment of the United States Constitution on its face and as applied.”… Read More
