U.S. Supreme Court
Lower Court Opinion
Whether the Telephone Consumer Protection Act’s prohibitions on calls made using an automatic dialing system or an artificial or prerecorded voice are unconstitutional content-based restrictions of speech, and if so whether the Ninth Circuit erred in “remedying” that constitutional violation by broadening the prohibitions to abridge more speech.
Cert. petition denied
July 09, 2020
U.S. Chamber urges Supreme Court to grant certiorari in Telephone Consumer Protection Act suit
December 02, 2019
The Chamber filed an amicus brief urging the Supreme Court to grant certiorari to review Ninth Circuit judgment holding that the government-debt exception to the Telephone Consumer Protection Act violates the First Amendment, but striking down the exception instead of the liability provisions of the TCPA. The U.S. Chamber’s brief argues that the proper remedy is to invalidate the TCPA’s prohibition on speech, not to sever the exception.
The U.S. Chamber previously filed amicus briefs at the panel stage and in support of rehearing in the Ninth Circuit.
Shay Dvoretzky and Jeffrey R. Johnson of Jones Day served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.