Wednesday, January 20, 2021
As we have reported on here, here, here, and here, a growing number of district courts are issuing opinions addressing whether they have subject matter jurisdiction over TCPA claims alleging robocall violations that occurred when the government debt exception invalidated by
Barr v. APPC, 140 S. Ct. 2335 (2020), was part of the statute. The Eastern District of California recently added to this line of cases, joining courts that have held that “the TCPA remains enforceable, at least against non-government debt collectors, as to calls made between November 2015 and July 6, 2020.”
See Stoutt v Travis Credit Union, No. 2:20-cv-01280, 2021 WL 99636, at 3 (E.D. Cal. Jan. 12, 2021).
The plaintiff in
Shen alleged that on May 6, 2020, he received a text message on his cell phone sent by defendant, and that he replied “STOP.” On May 28 and June 1, 2020, plaintiff received prerecorded calls to his cell phone from the defendant. Plaintiff did not allege that he received any calls or texts from defendant after June 1, 2020.
The defendant moved to dismiss under Federal Rule of Civil Procedure 12(b)(1), arguing that the court lacked jurisdiction because the calls and texts at issue were made prior to severance of the government debt exception by the
Barr decision. The defendant argued that this severance applies only prospectively and does not allow for retrospective application of the remainder of the autodialer restrictions. Therefore, in its view, the TCPA was unconstitutional at the time plaintiff allegedly received calls or texts, and the court lacked jurisdiction to hear his claim.
Central District of California court cast its lot against the growing argument that federal courts lack jurisdiction over TCPA claims based on conduct that occurred when the government debt exception was part of the statute.