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Facebook’s First Amendment Robocall Law Challenge Fails

Jan. 30, 2017, 11:19 PM

Facebook Inc. must face allegations that it sent thousands of happy birthday texts without consent after a federal district court rejected its argument that telecommunications privacy law claims in the case violated the First Amendment (Brickman v. Facebook, Inc., N.D. Cal., No. 16-cv-00751-TEH, 1/27/17).

Eric Troutman, a Telephone Consumer Protection Act defense attorney and partner at Dorsey & Whitney LLP in Costa Mesa, Calif., said the case marks the first time the TCPA has been analyzed under the “strict scrutiny” standard—the highest level of constitutional analysis.

The opinion by the U.S. District Court for the Northern District...

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