Status Report Due Nov. 28 in Comcast’s TCPA Constitutional Challenge
Lawyers for Comcast Cable and Chester Graham, the consumer who is suing the company for alleged Telephone Consumer Protection Act violations, are to meet and confer telephonically by Thursday on a Rule 26(f) report that will be due Nov. 28,…
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said an order signed Tuesday (docket 0:22-cv-02377) by U.S. Magistrate Judge Leo Brisbois for Minnesota. The Nov. 28 report should feature a joint proposed pretrial schedule for the case and a plan for discovery, including the number of depositions and documents expected to be produced, plus “the extent of expert discovery” that will be required, said the order. The case gained some notoriety last week when DOJ filed an acknowledgment of Comcast’s challenge to the TCPA’s constitutionality and signaled its intention to intervene in the case at the appropriate time as a result (see 2211080031). Comcast’s argument is that the TCPA’s statutory damages provisions violate the safeguards guaranteed in the Fifth, Sixth, Eighth and 14th amendments because they enable excessive fines that are “grossly disproportionate” to any actual harm that TCPA plaintiffs may suffer.