Moving Forward: Supreme Court Says TCPA Constitutionality Merits Oral Argument–Date in May to be Set Shortly

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Good morning TCPAWorld and happy Monday.

Quick update here.

You might recall that SCOTUS recently abandoned its April oral argument calendar, noting that some cases–but not all–might be re-scheduled for argument at a later date.

Well the big TCPA challenge–which I’ve described as potentially the most important of Chief Justice Roberts’ tenure given its implications for free speech in this nation–has made the cut. Oral argument will be set sometime in early May, depending on the availability of counsel.

Here’s the full release:

For Immediate Release For Further Information Contact:
April 13, 2020 Kathleen Arberg (202) 479-3211

The Court will hear oral arguments by telephone conference on May 4, 5, 6, 11, 12 and 13 in a limited number of previously postponed cases.  The following cases will be assigned argument dates after the Clerk’s Office has confirmed the availability of counsel:

18-9526, McGirt v. Oklahoma
19-46, United States Patent and Trademark Office v. Booking.com B.V.
19-177, Agency for International Development v. Alliance for Open Society International, Inc.
19-267, Our Lady of Guadalupe School v. Morrissey-Berru, and 19-348, St. James School v. Biel
19-431, Little Sisters of the Poor Saints Peter and Paul Home v. Pennsylvania, and 19-454, Trump v. Pennsylvania
19-465, Chiafalo v. Washington
19-518, Colorado Department of State v. Baca
19-631, Barr v. American Association of Political Consultants, Inc.
19-635, Trump v. Vance
19-715, Trump v. Mazars USA, LLP, and 19-760, Trump v. Deutsche Bank AG

In keeping with public health guidance in response to COVID-19, the Justices and counsel will all participate remotely. The Court anticipates providing a live audio feed of these arguments to news media. Details will be shared as they become available.

The Court Building remains open for official business, but most Court personnel are teleworking. The Court Building remains closed to the public until further notice.

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Published by Eric J. Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

1 Comment

  1. Has there ever been any argument based on Citizens United v. FEC? I have yet to see one. My understanding is that the Supreme Court found that corporations have more rights to free speech than initially thought to have had.

    “The majority ruled that the Freedom of the Press clause of the First Amendment protects associations of individuals in addition to individual speakers, and further that the First Amendment does not allow prohibitions of speech based on the identity of the speaker. Corporations, as associations of individuals, therefore have free speech rights under the First Amendment.”

    Wouldnt that make the TCPA null and void based on the fact its limiting free speech and on the fact that it has a clause that states whats considered acceptable speech and not acceptable speech?

    https://en.wikipedia.org/wiki/Citizens_United_v._FEC

    Reply

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