Telephone Consumer Protection Act

Last month, in Duguid v. Facebook, Inc., 17-15320, 2019 WL 2454853 (9th Cir. June 13, 2019), the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) held that the debt collection exception to the Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227(b)(1)(A)(iii), violates the First Amendment because it is content-based and fails to pass strict scrutiny review.  Duguid is not a Facebook user and did not consent to be contacted by Facebook.  Duguid alleged that Facebook violated the TCPA in 2014 by sending text message notifications to his cell phone ...