Lidenbaum v. Realgy, LLC, 2020 WL 6361915 (N.D. Ohio Oct. 29, 2020)
Pending before the Court was a class action lawsuit, contending Defendants violated the Telephone Consumer Protection Act, 47 § U.S.C. 227 (“TCPA”). Defendants filed a Motion to Dismiss under Fed.R.Civ.P. 12(b)(1), contending that the Court lacked subject matter jurisdiction over Plaintiffs’ claims because they arose during a time that the TCPA included a “government-debt” exception, which exempted calls made to collect a debt owed or guaranteed by the United States held to be unconstitutional in ...
Barr v. American Association of Political Consultants, Inc., No. 19-631, 2020 WL 3633780 (U.S. July 6, 2020)
* Procedural History of the Case
Plaintiffs; political and nonprofit organizations seeking to make political robocalls to cell phones discussing candidates and issues, soliciting donations and conducting polls; filed a declaratory action against U.S. Attorney General William Barr and the Federal Communications Commission (“the government”), asserting that the 2015 exception to application of the Telephone Consumer Protection Act (“TCPA”) to calls ...
American Association of Political Consultants, Inc. et al. v. Lynch, Civil Action No. 5:16-cv-00252 (E.D.N.C., May 12, 2016).
On May 12, 2016, five politically based organizations filed a suit against Loretta Lynch, in her official capacity as Attorney General of the United States seeking a declaratory judgment that the Telephone Consumer Protection Act's ("TCPA") restrictions on automated or prerecorded calls to cell phones are an unconstitutional violation of their First Amendment rights because the restrictions are content-based and cannot withstand strict scrutiny ...