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TCPA Bites Political Speech Again: Trump Campaign Sued for Alleged Illegal Robotexts

As we’ve been covering, the TCPA is a major threat to political campaigns looking to deliver last minute messages. And though we’ve been covering this story-and pumping out content and information–the political robocalls and texts keep coming.

Here’s the latest edition to the story: the Donald J. Trump Campaign has been sued for allegedly illegal robotexts. In the suit filed in federal court in New York, Donald J. Trump For President, Inc. is facing a lawsuit alleging that it sent campaign messages to a New York man without his consent.

The complaint seeks unspecified damages but the TCPA authorizes up to $1,500.00 per illegal call or text.

Media reports suggest that the Trump campaign was deploying P2P text messaging following the FCC’s ruling authorizing the use certain P2P technology outside of the TCPA earlier this year. It is unclear whether the texts at issue in the new suit were sent using P2P technology, however the complaint alleges the texts were sent using an “automated telephone dialing system.”

The complaint is here: Rowan complaint

TCPA class actions targeting political campaigns have become more common over the years and politicians of both parties are frequently targeted. Notably this is not the first time the Trump campaign has faced TCPA litigation for allegedly unconsented spam messages. The campaign was embroiled in litigation in Minnesota earlier this year.

The Supreme Court recently rejected a challenge by a group representing the interests of political campaigns that the TCPA is unconstitutional as applied to political speech. 

We’ll keep an eye on this.

© Copyright 2020 Squire Patton Boggs (US) LLPNational Law Review, Volume X, Number 302



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...