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U.S. Court of Appeals for the Ninth Circuit

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Petition for rehearing en banc denied

September 18, 2019

U.S. Chamber files amicus brief in support of petition for rehearing, arguing that panel erred in striking down exemption from Telephone Consumer Protection Act (TCPA) for calls to collect debts owed to the federal government

August 19, 2019

Click here to view the Chamber’s brief in support of the petition for rehearing. The U.S. Chamber previously filed an amicus brief taking no position on the constitutionality of the exemption or the TCPA, but arguing that if the Court concludes that there is a violation of the First Amendment, then it should invalidate the TCPA’s prohibition, not its exemption, which would expose more speech to TCPA liability.

Shay Dvoretzky, Jeffrey R. Johnson, and Parker A. Rider-Longmaid of Jones Day served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Ninth Circuit holds that exemption from Telephone Consumer Protection Act (TCPA) for calls to collect debts owed to the federal government makes TCPA liability an unjustified content-based restriction upon speech and thus violates the Free Speech Clause

July 08, 2019

Click here to view the opinion.

U.S. Chamber files amicus brief on the proper remedy in a First Amendment challenge to a prohibition in the Telephone Consumer Protection Act, urging Ninth Circuit to strike the prohibition, rather than the exemptions, to address any constitutional flaw

September 06, 2018

Click here to view the Chamber’s brief.

Shay Dvoretzky and Vivek Suri of Jones Day served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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