TCPA’s Definitions Render It ‘Unconstitutionally Vague,’ Says Solar Panel Defendant

Western Texas in Austin. Pinn alleges that Greenstar hired an unidentified vendor to make telemarketing calls to numbers on the national do not call registry, and that her own number has been on the DNC registry for more than a year (see 2401230002). But the complaint “fails to allege facts sufficient to state a cause of action” against Greenstar, said its answer. The TCPA and its regulations, rules and interpretations, plus the TBCC, violate the First Amendment because they impose “content-based restrictions on speech that fail to withstand strict scrutiny,” it said. The application of the TCPA and TBCC, on which the complaint is based, including the imposition of statutory damages on Greenstar, also violate the Constitution's due process provisions, it said. Certain definitions contained in the TCPA also “render the statute unconstitutionally vague,” it said. Additionally, the statutory penalties that Pinn seeks are excessive, it said. She and her putative class members are barred from asserting their claims “because the calls at issue were sent with the recipients’ prior express permission or consent and that consent was either irrevocable or was not effectively revoked,” it said. Any and all claims brought in the complaint are barred because Greenstar “possessed a good-faith belief that it was not committing any wrongdoing and any violations resulted from a bona fide error,” despite reasonable practices to prevent violations of the TBCC, the TCPA and related regulations, it said.