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Commercial Speech Telephone Consumer Protection Act

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – May 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies....more

Brownstein Hyatt Farber Schreck

TCPA First Amendment Argument Could Eliminate Government Debt Collection Exemption

First Amendment challenges to the Telephone Consumer Protection Act (TCPA) are in the midst of a revival. The TCPA makes it unlawful to call or text a cell phone using an automatic telephone dialing system (ATDS) or...more

Womble Bond Dickinson

Stay Imminent?: District Court Orders Plaintiff to Show Cause Why TCPA Class Action Shouldn’t be Stayed Pending Ninth Circuit’s...

Womble Bond Dickinson on

Yesterday, Judge Otis Wright of the Central District of California ordered the Plaintiff in a TCPA class action to show cause why the case shouldn’t be stayed pending the outcome the First Amendment issues before the Ninth...more

Womble Bond Dickinson

First-In-the-Nation-Result: District Court Stays TCPA Case Pending Outcome of Ninth Circuit First Amendment Challenge

Womble Bond Dickinson on

Now we’re talking! As I’ve written on multiple occasions, the Telephone Consumer Protection Act (“TCPA”) is the broadest restriction on constitutionally protected speech in our nation’s history. Worse still, the statute is...more

Womble Bond Dickinson

The Constitutional Dimension: Why the First Amendment May Light the Way to Sensible TCPA Reform

Womble Bond Dickinson on

I spent some time speaking with reporters yesterday about how we can really get to the bottom of the “robocall” epidemic plaguing this country. I focused on the need to better define our terms–so we can identify the real...more

Burr & Forman

Political Organizations File Suit Over Constitutionality of TCPA

Burr & Forman on

American Association of Political Consultants, Inc. et al. v. Lynch, Civil Action No. 5:16-cv-00252 (E.D.N.C., May 12, 2016). On May 12, 2016, five politically based organizations filed a suit against Loretta Lynch, in...more

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