Author Archives

Puja J. Amin

Right to Robocall: Federal Judge Strikes Down Wyoming’s Ban on Political Robocalls, Finding That It Violates First Amendment Rights

A federal judge recently put a kibosh on a Wyoming statute that prohibits political robocalls, ruling that they are protected by the First Amendment, despite Wyoming’s attorney general arguing that the statute advances states’ interest of residential privacy. Judge Alan B. Johnson found in a ruling filed last […]

It Wasn’t Me! New York Court Denies Defendant’s Motion to Dismiss TCPA Action Finding That Plaintiff Sufficiently Alleged that Defendant is Vicariously Liable for Calls Initiated by Its Purported Agent

The Eastern District of New York in Banks v. Solar, No. 17-CV-613 (LDH) (JO), 2018 U.S. Dist. LEXIS 128182  (E.D.N.Y. July 31, 2018), recently denied Defendant’s motion to dismiss Plaintiff’s putative class action alleging violations of the TCPA and New York Business Law Section 399-p (“NYGBL”). In doing […]

Supreme TCPA Crossover: Your Cell Phone Location Data is Safe From Government Intrusion—but Might that Also Mean that Robocalls Do Not Invade Privacy After All?

It’s amazing what’s controversial these days. One would think that something as intimate as a complete record of a person’s movements over the past five years would never be available to law enforcement without a warrant. Such complete on-demand surveillance seems entirely inconsistent with life in a free […]