It at all times occurs.
I am going on trip for a handful of days and arguably the most important TCPA information of the yr breaks. Eesh.
A federal district court docket in Louisiana held this week that the TCPA is flat unconstitutional as utilized to any calls made between November, 2015 and July 6, 2020.
Let me say that once more.
TCPA. Unconstitutional. As to all calls previous to July 6, 2020.
Nonetheless not doing it justice.
A COURT JUST RULED THAT NO TCPA LAWSUITS ARE ALLOWED FOR CALLS MADE PRIOR TO JULY, 2020!
That’s the stuff.
This gorgeous consequence follows, of necessity from the Supreme Courtroom’s ruling in Barr v AAPC, wherein SCOTUS seemingly saved the TCPA after initially figuring out the content-based exemption for calls made to gather on authorities was unconstitutional. The choice is right here: Largest TCPA Ruling Ever
And right here’s the logic:
In AAPC the Supreme Courtroom decided that the TCPA was unconstitutional. Full cease.
Whereas the Supremes went on to sever the exemption that rendered the TCPA unconstitutional that severence didn’t occur within the Creasy court docket’s view till July 6, 2020–the date the AAPC case was determined. So till that severence the TCPA was totally and completely and utterly unenforceable. Because the court docket put it:
An unconstitutional statute being “as no regulation,” the Courtroom could not implement the pre-AAPC model of § 227(b)(1)(A)(iii)…
In essence–though the Courtroom doesn’t fairly analyze issues this fashion–the Creasy court docket decided that AAPC can’t be utilized retroactively; calls that have been made pre-AAPC have been LEGAL and can’t be made unlawful by put up hac motion of the Supreme Courtroom.
Whereas Creasy makes primary logical chronological form of sense, it doesn’t comport with the backward-lawyer mind-set–which typically assumes that selections by the Supreme Courtroom do have retroactive influence as clarifications of current regulation. I.e. the normal approach to view AAPC is as if the Supreme Courtroom was recognizing that the exemption had at all times been severable and, in truth, severed.
However Creasy seems to be on the mechanics. The exemption wasn’t severed–as a matter of precise goal reality–till July 6, 2020. And there may be zero dispute that the TCPA was an unconstitutional little monster till that date. The Supreme Courtroom mentioned so.
So what does this imply for TCPA Defendants? EVERYTHING.
As Creasy preaches and practices, there may be merely no jurisdiction for any district court docket to supervise TCPA circumstances for calls arising earlier than July 6, 2020 (with possibly an opportunity for claims arising pre November, 2015 in the event that they have been tolled by some means.)
TCPA is lifeless. Once more. For the primary time.
However it’ll be again. Most likely.
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