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ARTICLE · 23 OCTOBER 2020

Monthly TCPA Digest — October 2020

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

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We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA).

United StatesConsumer Protection
Joshua Briones
Joshua Briones
Russell Fox
Russell Fox
E. Crystal Lopez
E. Crystal Lopez
Elana Safner
Elana Safner
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We are pleased to present our latest Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month we cover a federal district court decision, Creasy v. Charter Communications, Inc., which held that the TCPA's robocalling ban was unconstitutional from the time Congress added the government-debt exception in 2015 until July 6, 2020. The district court based its decision on the Supreme Court's July opinion in Barr v. AAPC that severed the government-debt exception from the TCPA provision prohibiting robocalling cellular telephones. In Creasy, the court concluded that because the government-debt exception was an unconstitutional content-based restriction on speech, the addition of the government-debt exception to the statute "converted a theretofore neutral speech restriction into an invalid content-discriminatory one."

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