Friday, February 5, 2021
Barr v. American Association of Political Consultants, Inc. (“
AAPC”), 140 S. Ct. 2335 (2020), the Supreme Court decision that held the TCPA’s government-debt exception instituted via a 2015 amendment to the statute violated the First Amendment. Courts recently have dealt with the issue of whether plaintiffs can bring TCPA claims for conduct occurring between 2015 and July 2020, the date the unconstitutional amendment was passed and the date the Supreme Court declared the amendment unconstitutional and ordered it severed from the TCPA. The Eastern District of Louisiana said the answer to this question is no.
Creasy v. Charter Communications, Inc., 2020 WL 5761117 (E.D. La. Sept. 28, 2020). The district courts for the Southern District of California and the Northern District of Ohio disagree, as we discuss below. Our prior posts on this issue, which we have been following closely, can be found here.
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In the aftermath of
Barr v. American Association of Political Consultants, Inc. the Supreme Court decision from July that held the TCPA’s government-debt exception to be an unconstitutional content-based restriction on speech the country’s district courts cannot agree on whether they may adjudicate TCPA claims alleging conduct that transpired during the life of the exception (
i.e., during the period from November 2, 2015 to July 6, 2020). Click here to see our collection of posts on this issue, which we have been following closely.
Recently, the Northern District of Florida weighed in on the issue, concluding that it
did have subject-matter jurisdiction over TCPA conduct that, according to the complaint, occurred between October 2019 and February 2020. In the case,