Colorado District Court Holds Retroactive Application of Supreme Court’s TCPA Severance Violates Ex Post Facto Clause and Due Process
By EsqSocial Corporation 23/06/21
Joining the growing ranks of numerous district court opinions analyzing the effect of the Supreme Court’s 2020 severance of the Telephone Consumer Protection Act’s (TCPA) government-debt exception, a district court in Colorado has reasoned that the severance operates retroactively, while also recognizing the severe constitutional problems raised by that conclusion. The result is a holding that essentially says the severance both is and is not retroactive....
By: Troutman Pepper