TCPA Claims Barred Because Statute Is ‘Unconstitutionally Vague,’ Says Allstate
Plaintiff Diana Mey’s Sept. 29 claims against Allstate for violating the Telephone Consumer Protection Act (see 2311060018) are barred in whole or in part because the TCPA is “unconstitutionally vague,” said Allstate’s answer Monday (docket 5:23-cv-00331) in U.S. District Court…
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for Northern West Virginia in Wheeling. The TCPA’s application to Allstate would violate the due process provisions of the Fifth and 14th amendments, it said. The statutory-damages provisions of the TCPA also violate the safeguards guaranteed by the Fifth, Sixth, Eighth and 14th amendments, it said. That’s because they constitute “excessive fines and are grossly disproportionate to any actual harm” that Mey may have suffered, it said. A pro se plaintiff, Mey alleges Allstate hounded her with at least 17 solicitation calls to her residential cellphone between October 2019 and October 2020. Mey asserts she never gave Allstate or its agents “express written consent” to call her.