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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.
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Blink And You’d Miss It: Just Like that the Plaintiffs Bar has Evened The Ledger On the Constitutionality of the TCPA Monday, December 21, 2020
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Well, that was fast.
Just a week ago we reported on the first win by the
“bad guys” on the issue of the TCPA’s constitutionality as applied to calls made prior to July 6, 2020. The score at the time was 3-1. Well, what a difference a week makes.
In a series of stunning wins, the Plaintiffs bar has now evened things up and we have a classic 3-3 split of authority on the critical issue of the statute’s enforceability.