DOJ To 9th Circuit:  Panel Wrongly Invalidated TCPA Provision In Facebook Suit

Mealey's (July 31, 2019, 8:30 AM EDT) -- SAN FRANCISCO — In a July 29 petition for rehearing and rehearing en banc, the U.S. Department of Justice (DOJ), representing the U.S. government, says that a panel improperly found that a provision of the Telephone Consumer Protection Act (TCPA) violated the First Amendment to the U.S. Constitution, when it could have avoided invalidating the statute in assessing whether a plaintiff properly alleged that Facebook Inc. sent texts in violation of the law (Noah Duguid v. Facebook Inc., No. 17-15320, 9th Cir.)....