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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.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume IX, Number 164


About this Author

Eric Troutman Class Action Attorney
Of Counsel

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...