Plaintiff’s TCPA Claims Are Barred by First Amendment, Says Insurance Defendant
The Telephone Consumer Protection Act damages that Jerry Baldridge seeks against Great Western Insurance violate the Constitution's due process clause and constitute excessive fines in violation of the Eighth Amendment, said the defendant’s answer Thursday (docket 4:23-cv-04309) in U.S. District…
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Court for Southern Texas in Houston to Baldridge’s Nov. 15 complaint (see 2311170001). Baldridge’s complaint said his number has been listed on the national do not call registry since January 2006, but he nevertheless received at least two calls from Great Western promoting its “final expense insurance” services to cover funeral and cremation costs. Great Western contends that Baldridge’s claims are barred because those calls “constitute commercial speech” protected by the First Amendment and the imposition of liability on Great Western for such calls “would violate its First Amendment rights,” said the answer.