September 17, 2021

Volume XI, Number 260

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OVERTLY POLITICAL: Law Firm Appears to Have Declared TCPA War on the GOP

As I’ve been reporting, there have been a spat of TCPA suits filed recently against Republican-leaning candidates and PACs. First the National Republican Senatorial Committee was sued.

Then it was sued again.

Then Save America and Donald J. Trump for President was hit.

The the RNC itself was sued. 

And just today “Team Graham, Inc.” –a PAC organized to help re-elect GOP Senator Lindsey Graham–was sued in a robocall suit in Texas. The complaint is here: Clifford complaint

So that’s 5 TCPA suits against right-leaning political organizations in 10 days or so. And while TCPA suits certainly impact candidates and campaigns on both sides of the aisle, this set of suits looks overtly political–especially considering that all of these suits are brought by a single law firm: Kimmel & Silverman, P.C.

It has long been feared that the TCPA–which is the broadest restriction on political speech in American history– might be effectively wielded as a weapon of political warfare designed to silence politicians or parties for their views. And while those fears have not yet been substantiated–to date these lawsuits have been a near-random smattering balanced on both sides– this effort by K&S now appears to be definitively targeting Republican interests.

This is an extremely interesting development as the TCPA is being used here not just to punish certain speakers for expressing their political views using regulated technology, but it is plainly being deployed in a litigation campaign as a means of targeting specific speakers based on the content and viewpoint expressed in those messages.

If this doesn’t raise First Amendment concerns, nothing will.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 75
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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...

213-689-6510
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