Sought-After TCPA Fines Violate 5th Amendment, Says American Express
American Express doesn’t waive its right to compel plaintiff Debra Duke’s Telephone Consumer Protection Act claims to arbitration, said its answer to Duke’s class action Friday (docket 4:23-cv-00125) in U.S. District Court for Arizona in Tucson. Duke alleges American Express…
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hounded her with debt collection calls intended for another person (see 2303130055). The fines and penalties Duke seeks under the TCPA violate the Eighth Amendment's excessive fines clause and the Fifth Amendment's takings clause, it said. Imposing liability or statutory damages under the TCPA also would violate the due process clause, it said. American Express alleges Duke’s claims for relief “are barred to the extent the alleged conduct complied with the provisions of the applicable FCC regulations,” it said.