April 18, 2021

Volume XI, Number 108

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April 15, 2021

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TCPA Quick Hitter: National Republican Senatorial Committee’s Constitutional Challenge to TCPA Rejected—Highlights Why Congress Unlikely to Act on Broadening TCPA in Response to Facebook

As I wrote over the weekend, I think it is unlikely Congress moves swiftly to broaden the TCPA in light of Facebook.

Let me give you another example of why that is so.

The NRSC—recent target of numerous TCPA suits—just took a shot at asking a judge in Arizona (who just happened to have been appointed by Obama) to declare the TCPA unconstitutional as applied to its campaign text messages. You know the punchline here: the judge denied the motion and left the Republican Senatorial Committee dangling in the lawsuit. See Whittaker v. Winred Tech. Servs. Llc, No. CV-20-08150-PCT-JJT, 2021 U.S. Dist. LEXIS 55036 (D. Az.  March 23, 2021).

Now I’m not saying there was anything inappropriate about the ruling—lots of courts have come to the same conclusion—but the optics are always interesting in these sorts of situations.

More broadly, of course, with the Facebook ruling out the texts by the NRSC are unlikely to be actionable and a swift dismissal is likely headed its way. So the outfit responsible for getting Republicans elected to the Senate just got its bacon saved by Facebook –and you think Congress is going to work swiftly to broaden the TCPA again?

Not going to happen.

As long as industry behaves itself.

Separately, I am working on a piece explaining what Congress should do—if it elects to legislate against “Robocalls” again.

Happy Monday.

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© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 95
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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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