October 21, 2019

October 21, 2019

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BREAKING TCPA NEWS: Fourth Circuit Court of Appeal Strikes Down Government-Backed Debt Exemption on First Amendment Grounds

We’ve been predicting for months that the TCPA (Telephone Consumer Protection Act) cannot survive strict scrutiny following the 2015 BBA Amendment that created a content-specific exemption to the statute favoring calls to collect government-backed debt.

The Fourth Circuit Court of Appeals today held that the statute does not survive strict scrutiny and is unconstitutional under the First Amendment. Its remedy: to strike the exemption. More to come.

The case is AAPC v. FCC, Case No. 18-588.  You can view it here. AAPC v. FCC

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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...