February 26, 2021

Volume XI, Number 57

Advertisement

February 26, 2021

Subscribe to Latest Legal News and Analysis

February 25, 2021

Subscribe to Latest Legal News and Analysis

February 24, 2021

Subscribe to Latest Legal News and Analysis

Trump's Campaign To Go It Alone On First Amendment Challenge To The TCPA

On Monday, the U.S. Department of Justice (“DOJ”) declined to intervene in Thorne v. Donald J. Trump for President, Inc., 1:16-cv-04603 (N.D. Ill.).  As previously discussed here, a class of plaintiffs sued President-Elect Trump’s campaign alleging violations of the Telephone Consumer Protection Act (“TCPA”) in connection with text messages sent during the campaign. In seeking dismissal of the suit, the campaign argued that the TCPA does not pass muster under the First Amendment.  Specifically, the campaign asserted that Congress’s November 2015 exemption of calls relating to government debt constitutes “preferential treatment” and qualifies as a “blatant and egregious form of content discrimination.”

The DOJ did not provide a reason for declining to intervene, and the campaign is now faced with the prospect of going it alone in its First Amendment challenge to the TCPA.

Advertisement
Copyright 2020 K & L GatesNational Law Review, Volume VI, Number 328
Advertisement

TRENDING LEGAL ANALYSIS

Advertisement
Advertisement

About this Author

Andrew Glass, KL Gates Law Firm, Financial Litigation Attorney
Partner

Mr. Glass is a partner resident in K&L Gates’ Boston office, and a member of the firm's Consumer Financial Services Litigation and Class Action Litigation Defense groups, with extensive experience in complex commercial litigation. Mr. Glass's practice focuses on the defense of federal and state class action litigation brought against consumer financial services, mortgage lending, and consumer credit institutions. These class actions concern challenges under federal statutes, including the Fair Housing Act, Equal Credit Opportunity Act, Fair Credit Reporting Act, Real...

617-261-3107
Gregory Blace, KL Gates Law Firm, Class Action Litigation Attorney
Partner

Mr. Blase is a partner in the Boston office of K&L Gates where he is a member of the firm's Class Action Litigation Defense group. Mr. Blase has experience in complex commercial litigation, and has represented mortgage lenders, servicers and other financial institutions in class action and individual suits under the Telephone Consumer Protection Act, Fair Credit Reporting Act, Fair Debt Collection Practices Act, Truth in Lending Act, Fair Housing Act, Equal Credit Opportunity Act, Real Estate Settlement Procedures Act, and various state unfair and deceptive practices...

617-951-9059
Christopher J. Valente K & L Gates, Boston, complex civil litigation, commercial disputes, financial services, insurance coverage
Associate

Christopher Valente is an associate in the firm’s Boston office. Mr. Valente represents clients in state and federal courts throughout the United States and focuses on complex civil litigation in the areas of commercial disputes, financial services and insurance coverage. He has significant experience managing all stages of complex civil litigation from inception through trial.

Mr. Valente has litigated cases involving a broad range of commercial and business-related issues, including claims of fraud, securities fraud, defamation, breach of fiduciary duty, breach...

617.951.9071
Michael Creta general civil and commercial litigation. He has experience in state and federal courts throughout the United States
Associate

Michael Creta is an associate in the litigation department of the firm’s Boston office. Mr. Creta focuses his practice on general civil and commercial litigation. He has experience in state and federal courts throughout the United States.

617.951.9101
Advertisement
Advertisement