First Amendment – TCPAWorld

ATDS/Human Intervention…

Six BIG Takeaways from New York’s Recently Amended Telemarketing Law!

For obvious reasons, the TCPAWorld focuses on the TCPA. But there are similar State laws out there that can cause massive headaches for businesses. We like to cover those too.…

Class Actions…

Junk Fax Class Action Survives Dismissal–Leaves Critical First Amendment Issues for Another Day

15 Mar 202115 Mar 2021

Sometimes what the Court does not address is the most interesting issue in an opinion. That's the case we are covering today. Scoma v. National Spine & Pain Centers, LLC,…

ATDS/Predictive Dialer Cases…

The TCPA and the First Amendment: Where We Are and Where We’re Going

13 Jul 202015 Jul 2020

Following the Supreme Court’s long awaited, but ultimately disappointing, decision in Barr v. AAPC, one thing is clear. Broad, facial challenges to the TCPA based on the government-backed debt exemption…

Federally-Backed Debt…

Just Under the Wire: Court Enforces Government-Backed Debt Exemption to TCPA Despite Imminent SCOTUS Decision

18 Jun 202022 Jun 2020

What happens when you default on a government-backed student loan and allege that both the servicer and guarantor are hounding you for payment in violation of the TCPA? Well, the…

First Amendment

Archduke Feed: Squire Patton Boggs Senior TCPA Counsel Daniel Delnero Provides Live and Unscripted Analysis of TCPA SCOTUS Argument

6 May 20206 May 2020

Editor's Note: This is a live feed that will be updated continuously during the argument. If new content does not load, refresh or revisit the page for the latest updates.…

First Amendment

The TCPA and Severability: Why The Supreme Court Will Not Sever The Government Backed Debt Exemption

24 Feb 202026 Feb 2020

One of the most frequent questions I receive when discussing the TCPA and the First Amendment is, “why can’t the Court just sever the government-backed debt exemption”? The answer is…

First Amendment…

Overreaction Monday (TCPA Edition): The TCPA is Definitely a Goner Now that SCOTUS is Reviewing the Statute–And All My Other Top Predictions

13 Jan 202014 Jan 2020

Ok my phone has been ringing off the hook since SCOTUS granted cert to review the TCPA on Friday. So let me share some thoughts more efficiently here. Yes the…

ATDS/Human Intervention…

Radio Clash: Czar Joins NPR’s “On Point” Live Christmas Eve at 10 AM Eastern/7 AM Pacific

23 Dec 201922 Mar 2020

For those of you looking for entertainment on your holiday drive, look no further than NPR's live call-in show, "On Point," at 10 AM Eastern/7 AM Pacific. The Czar will…

First Amendment…

En Vague: Court Holds TCPA Is Not Void For Vagueness For Reasons That Are Not Entirely Clear

3 Oct 20197 Oct 2019

As I have reported over the last few days, the calamity of inconsistent ATDS decisions has officially reached fever pitch. Courts are now reaching inconsistent decisions on the application of…

Federally-Backed Debt…

Really?: Court Enforces Unconstitutional Content-Specific Exemption After Two Appellate Courts Sever it from the Statute—Rejects Reyes

6 Sep 20199 Sep 2019

TCPAWorld is just getting messier and messier. Still, we all knew this was coming. As we’ve reported at length, the TCPA has been twice deemed a content-specific restriction on speech…

First Amendment…

Ninth Circuit Denies En Banc Re-Hearing of Facebook First Amendment Challenge—TCPA Constitutionality Fight Headed to the Supremes?

23 Aug 201927 Aug 2019

Following the Ninth Circuit’s recent ruling severing portions of the TCPA to convert the statute to a content-neutral restriction in a bid to save it from a robust First Amendment…

First Amendment

Gallion Meets PDR: Ninth Circuit Shields FCC Orders From A First Amendment Challenge, Setting Up A Possible Conflict With PDR Network

9 Jul 201915 Jul 2019

Constitutional challenges to the TCPA just entered a new an interesting dimension, with a possible conflict between the Ninth Circuit’s decision in Gallion v. United States, 2019 U.S. App. LEXIS…

First Amendment

A Disturbing Trend: Ninth Circuit Joins The Fourth In Severing The TCPA’s Government Backed Debt Exemption

14 Jun 201917 Jun 2019

The First Amendment has long held a special place in constitutional jurisprudence. Given its importance to a well-functioning government and public discourse, courts take special care to enforce its protections,…

First Amendment…

Settling the Score: Old Foes Tav Gomez and Frank Kerney join Unprecedented Podcast (In Studio!) to Discuss All Things TCPAWorld

7 May 20199 May 2019

If there is one firm that has cashed in the most from the explosion of TCPA litigation over the last few years it is surely Morgan & Morgan. Billing themselves…

Down Goes the Exemption: TCPA’s Content-Specific Government-Backed Debt Exemption Struck Down on First Amendment Grounds

24 Apr 201924 Apr 2019

This one is big. The Fourth Circuit Court of Appeals, in a first-in-the-nation result, just held that the TCPA violates the First Amendment because the government-backed debt exception is an…

The March of Technology: Takeaways from T-Mobile’s Announcement of Anti-Robocalling Feature

If you listened to Episode 3 of the Unprecedented podcast, you are aware of the cutting-edge technologies that companies like YouMail and Hiya are deploying to help consumers avoid scam…

Class Actions…

The TCPA and Tiger Woods: Florida District Court Lets the Ball Lie on Issue of Constitutionality

10 Apr 201911 Apr 2019

A United States District Court Judge for the Southern District of Florida must have Masters Weekend on her mind, because she just tee-d up a constitutional challenge to our favorite…

Federally-Backed Debt…

Content-Based Distinction In Action: District Court Grants Summary Judgment Under The TCPA’s Government-Backed Debt Exemption.

14 Mar 201914 Mar 2019

Yesterday, TCPA World covered recent First Amendment challenges to the TCPA. Today we bring you an example of the TCPA’s content-based discrimination in action. The Middle District of Florida recently…

First Amendment…

Getting Political: Florida Gubernatorial Candidate Democrat Jeff Greene Personally Hit with TCPA Class Action

8 Mar 20198 Mar 2019

As I have written numerous times, where the TCPA intersects politics things can get spicy. Imagine it--using a draconian statute to assault your political rivals and bludgeon old foes with…

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