2019) Plaintiffs appealed the district court's grant of summary judgment to the FCC and the Government, in an action alleging that part of the Telephone Consumer Protection Act of 1991 (TCPA) contravenes the Free Speech Clause of the First Amendment. Although the challenge had been brought by political groups, the Fourth Circuit’s decision has wide-ranging implications for organizations that collect federal debts. … CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT . And in Facebook Inc. v. Duguid —granted for review just a few days after Barr was decided—the Supreme Court will resolve the second issue, deciding (once and for all?) William P. Barr et al. (hereinafter the “Plaintiffs”) appeal from a summary judgment award made by the district court to the defendants, the Federal Communications Commission (the “FCC”)and the Attorney General (collectively . Click the citation to see the full text of the cited case. Only a handful of people attended the first meeting at Lincoln Center in New York City. American Association of Political Consultants: “The Telephone Consumer Protection Act has long shielded Americans from unwanted robocalls, but the Obama Administration in 2015 snuck in a carve-out for federal debt collectors. Fourth Circuit: We’ve got good news and bad news. v. American Association of Political Consultants et al., Case No. 5:16-CV-252 (JCD) MEMORANDUM IN OPPOSITION TO PLAINTIFFS’ MOTION FOR SUMMARY JUDGMENT AND IN SUPPORT OF . AMERICAN ASSOCIATION OF POLITICAL CONSULTANTS, INC., et al., Plaintiffs, v. JEFFERSON B. … To do this, the exemption must be narrowly tailored to advance a compelling government interest. Association of Political Consultants - Africa is a platform created to promote, sustain and foster better political consulting practices in the continent and also to provide a forum for the exchange of ideas and views on principles and techniques of politics, political campaign and Government relations. Ass’n of Political Consultants, Inc. v. FCC, No. In response to consumer complaints, Congress passed the Telephone Consumer Protection Act of 1991 (TCPA) to prohibit, inter alia, almost all robocalls to cell phones. COMES NOW American Association of Political Consultants, Inc. (“AAPC”), Democratic Party of Oregon, Inc. (“DPO”), Public Policy Polling, LLC (“PPP”), Tea Party Forward PAC (“TPF”), and Washington State Democratic Central Committee (“WSDCC”) (collectively “Plaintiffs”) by and through counsel, and allege the following: I. November 14, 2019: United States Attorney General William Barr and the Federal Communications Commissionfiled a petition with the U.S. Supreme Court. American Association of Political Consultants, the court decided that the 2015 exception violates the First Amendment’s speech clause. But the court held that the law could not withstand strict scrutiny and was therefore unconstitutional. 19–631. SESSIONS, III, in his official capacity as Attorney General of the United States, FEDERAL COMMUNICATIONS COMMISSION, Defendants. For more information regarding our firm, attorneys, and practice areas, please visit http://www.lindleylawoffice.com/. NATURE OF THE CASE 1. Volunteer Spotlight; Resources. 18-1588 (4th Cir. … Just three weeks ago, in the watershed decision Barr v. American Association of Political Consultants, Inc., 9 Justice Kavanaugh observed: Americans passionately disagree about many things. American Association of Political Consultants (Katie Bart) Argument analysis: Justices skeptical of robocall law, but appear to want to keep it (Amanda Shanor) Educational seminar: Preview of Barr v. American Association of Political Consultants (Katie Bart) Argument preview: Justices take on First Amendment challenge to robocall law (Amanda Shanor) Court sets cases for May telephone … The case is American Association of Political Consultants v. FCC, on appeal from the Eastern District of North Carolina. Political advice-giving as a business, independent of other types of income production, began about the same time as the formation of the American Association of Political Consultants — in 1969. The FCC is tasked with revisiting the definition of an ATDS following the March 2016 D.C. Join AAPC; Member Center. In 2015, an amendment to the TCPA created a third exemption to the general ban: automated calls related to “the collection of debts owed to or guaranteed by the federal government[.]”. Although the Fourth Circuit agreed with the district court that strict scrutiny review applied in this case, it held that the debt collection exemption fails to satisfy strict scrutiny, constitutes an unconstitutional content-based restriction on speech, and therefore violates the Free Speech Clause. v. American Association of Political Consultants, et al., currently pending in the Supreme Court, in support of an attempt to invalidate the TCPA’s ban on autodialed calls and texts to cellphones. Apr. American Association of Political Consultants | 2 381 abonnés sur LinkedIn | Founded in 1969, the AAPC is a multi-partisan organization of political and public affairs professionals dedicated to improving democracy. Accordingly, the court vacated and remanded. Work. 3. v . Oral argument for Barr v.American Association of Political Consultants Inc. was initially scheduled for April 22, 2020. 18-1588 (Apr. 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