June, 2021

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Colorado District Court Holds Retroactive Application of Supreme Court’s TCPA Severance Violates Ex Post Facto Clause and Due Process

Troutman Sanders

In July 2020, the Supreme Court held that a 2015 amendment to the TCPA’s robocall restriction exempting calls made to collect government-backed debts transformed the provision into an unconstitutional content-based speech restriction. The result is a holding that essentially says the severance both is and is not retroactive.