Judge Upholds TCPA In Fight Over Jiffy Lube Spam Texts

Law360, New York (March 12, 2012, 1:52 PM EDT) -- A California federal judge ruled last week that the Telephone Consumer Protection Act does not violate the First Amendment, dealing a blow to a major Jiffy Lube International Inc. franchisee hoping to exit multidistrict litigation claiming it sent spam texts.

Heartland Automotive Services Inc., which operates hundreds of service stations under the Jiffy Lube name, sought to nix the putative class action by arguing that consumers brought the suit under a law that unconstitutionally restricts speech.

But U.S. District Judge Jeffrey Miller on Thursday rejected Heartland...
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