Duguid v. Facebook, Inc.

U.S. Court of Appeals for the Ninth Circuit

Tab Group

Merits Stage

Ninth Circuit holds that the Telephone Consumer Protection Act’s debt-collection exception is a content-based regulation of speech that violates the First Amendment, and strikes that exception from the Act

June 13, 2019

Click here to view the opinion. The U.S. Chamber filed an amicus brief that did not address the constitutional merits, but urged that the proper remedy for any unconstitutionality was not to eliminate the exception that protected speech from liability, but instead to invalidate the Act’s imposition of liability upon speech.

U.S. Chamber files amicus brief on the proper remedy in a First Amendment challenge to a prohibition in the Telephone Consumer Protection Act, urging Ninth Circuit to strike the prohibition, rather than the exemptions, to address any constitutional flaw

November 16, 2018

Click here to view the Chamber’s amicus brief.

Shay Dvoretzky and Vivek Suri of Jones Day served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents

U.S. Chamber Amicus Brief -- Duguid v. Facebook, Inc. (Ninth Circuit).pdf

Opinion -- Duguid v. Facebook, Inc. (Ninth Circuit).pdf