SUPPORTING CREASY!: ACLU Reps Join Unprecedented Podcast to Discuss Why Stakes Are SO high for the First Amendment

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As I’ve laid out previously, the decision in Creasy was likely the single most financially impactful legal decision in American history–wiping the slate clean on trillions in potential TCPA exposure that arose during the high-days of the robocall epidemic. 

But the stakes here aren’t just high from a financial perspective.

With the Supreme Court recognizing an entirely new class of First Amendment cases in AAPC— so-called “equal treatment” cases— whether Courts will continue to enforce discriminatory cases after unconstitutional exemptions are severed is a critical issue for the free speech rights of every American.

It is for that reason that the ACLU got involved in the big Lindenbaum appeal challenging that the TCPA–which was unquestionably unconstitutional from November, 2015-July 6, 2020–cannot be enforced during that timeframe.

In the big interview you’ll hear from the lead counsel for ACLU on their critical amicus brief, as well as a law student at the University of Michigan who found himself in the middle of the battle with work and analysis involving the recent BLM protests. This is a fascinating story that you simply won’t want to miss.

If you don’t watch the podcast it means you don’t like freedom.

J/k.

Sort of.

In any event, before we get to the big interview we break down several critical developments.

First, the Czarina (yay Czarina!) breaks down the big ruling in favor of Fed Ex on class certification in that big “dual purpose” calls case.

Second, the Archduke breaks down the really weird phenomenon of a law firm attacking the GOP with TCPA lawsuits. Is this constitutional?

Third, the Earl breaks down the big Supreme Court ruling in Ford where we learn about the rules of personal jurisdiction. 

Fourth, the Baron brings us up to speed on recent FCC enforcement proceedings and what Acting Chairwoman Roscenworsel is up to on the anti-Robocall front (spoiler alert: a lot.)

Fifth, the Countess breaks down the really interesting “scope of consent” case involving that optometrist sued for calling his customer to offer eye services. How dare he.

Sixth, the Viscountess breaks down a new district court case out of Massachusetts that adopted Marks just ahead of the big Facebook ruling that rejected Marks. Nice.

Finally, the Grand Duchess tells us about a critical case in which a Court certified a TCPA case for interlocutory appeal on the issue of Creasy and stayed the case pending the outcome of that ruling. 

Its all part of our 22nd edition of the Squire Patton Boggs Unprecedented podcast. What an amazing podcast with tons and tons of great content. All free. Amazing that we give this stuff away.

Enjoy!

Click the picture below to watch:

 

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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.

3 Comments

  1. Pingback: Whatever Happened to Creasy Anyway?: Here’s An Update on the Lopsided Status of the Ongoing Constitutional Challenges to the TCPA – TCPAWorld
  2. Pingback: Due Process Prevents Enforcement of TCPA?: Court Refuses to Enforce TCPA Against Collector of Government-Backed Debt—Despite Perceived Briefing Failures – TCPAWorld
  3. Pingback: ORAL ARGUMENT HELD IN LINDENBAUM: Free Speech Hangs in the TCPA Balance (Again) – TCPAWorld

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