BREAKING: Ninth Circuit Court of Appeals Finds TCPA Fails Strict Scrutiny– Severs Debt Collection Exemption to Save Statute
The Ninth Circuit Court of Appeals issued a ruling today in Duguid v. Facebook, 2019 U.S. App. LEXIS 17675 (9th Cir. June 13, 2019) following the approach of the Fourth Circuit Court of Appeal in severing the government-backed debt exemption from the TCPA. In reaching this ruling the Ninth Circuit panel did not address the FCC’s content-specific exemptions. It holds:
Excising the debt-collection exception preserves the fundamental purpose of the TCPA and leaves us with the same content-neutral TCPA that we upheld-in a manner consistent with Reed-in Moser and Gomez.
More analysis to come.