TCPA BACK TO THE SUPREME COURT?: Lindenbaum Defendant Pushes Cert Petition Asking Supremes to Weigh in on Creasy

I gained’t let the cat too far out of the bag right here however we’ve new FEDERAL laws in the works on the traceback program–this factor simply retains getting increasingly highly effective–and we could or could not have a brand new FCC Chairwoman! Simply big big information.

These of you that attended the Summit heard me focus on each matters– however the Baron will cowl these tales for TCPA.World in a bit.

However–probably–the largest information is that the Defendant in Lindenbaum has formally filed a cert. petition asking the US Supreme Court docket to weigh in on what the US Supreme Court docket meant when it determined AAPC final 12 months.

Relying on whether or not the Supremes take this case up, the destiny of your complete TCPA–and trillions of statutory publicity in the course of the peak of the robocall epidemic– may hold in the stability right here.

On the one hand it’s outstanding that a problem went to the Supreme Court docket, got here again down and ended up again in entrance of the Supreme Court docket inside 18 months of the unique ruling. Alternatively…TCPA.

The difficulty, in fact, is that recognized in Creasy–did the Supreme Court docket’s severance of the government-backed debt exemption function retroactively and–if not–can the TCPA nonetheless be enforced throughout these timeframes that the statute was a content-specific exemption on speech.

Extra broadly, because the TCPA nonetheless incorporates quite a few content-specific exemptions a “re-do” of AAPC may end result in your complete TCPA being struck down this time (and that’s precisely what ought to occur to an overly broad restriction on constitutionally-protected speech.)

The ruling has big importance from a First Amendment perspective, and likewise simply occurs to be probably the most financially-impactful ruling in authorized historical past. So… no massive deal.

We’ll hold an eye fixed on this and advise instantly in the (pretty unlikely) occasion the Supremes take this situation up. Once more, I imply.

Petition right here: Realgy-Lindenbaum – Supreme Court Petition without Appendix

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