The case focused on the district court’s decision finding the TCPA unconstitutionally void and unenforceable between 2015 and 2020.
12/3/2020 15:00
An Ohio district court Telephone Consumer Protection Act case, Lindenbaum v. Realgy Inc., resurfaced recently after the consumer filed an appeal to the court’s decision granting the defendant’s motion to dismiss.
The case is the second one of late to find the TCPA void from 2015 until July 2020, when the U.S. Supreme Court handed down a ruling in Barr v. AAPC striking down the government debt exception as an unconstitutional content-based restriction on speech, leaving the rest of the statute intact.
The other case, Creasy v. Charter Communications Inc., was decided by the Eastern District of Louisiana. Creasy was the first case to consider the Supreme Court’s decision in Barr v. AAPC and conclude from it that Section 227(b)(1)(A)(iii) of the TCPA must be deemed to have been unconstitutional from 2015, when Congress amended the TCPA in to add the government debt exception, until July 6, 2020, when the Supreme Court severed the government debt exception from the Act.
It remains to be seen where the U.S. Court of Appeals for the 6th Circuit will come down on the issue.
ACA members can read more analysis on the Creasy case here and the background on Lindenbaum here.
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