Dismissal Looms in Comcast’s TCPA Constitutional Challenge

Pro se plaintiff Chester Graham consented to the dismissal with prejudice of his Telephone Consumer Protection Act complaint against Comcast, said a form (docket 0:22-cv-02377) he signed Monday in U.S. District Court for Minnesota. The DOJ previously 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 was 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.