TCPA Disclosure Rules Withstand 1st Amendment Challenge

Law360, New York (August 28, 2013, 7:38 PM EDT) -- The Telephone Consumer Protection Act doesn’t violate the First Amendment by forcing robocallers to identify themselves, the Fourth Circuit held in an opinion released Wednesday, upholding a $1 million judgment against a political consultant later convicted on electioneering charges.

The ruling affirmed the State of Maryland’s victory in a TCPA suit against Julius Henson and his company Universal Elections Inc. over a robocall he allegedly concocted to manipulate voter turnout in the 2010 Maryland gubernatorial election, rejecting Henson's claim that the law's identity disclosure requirements place...
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