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.
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.
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