Comcast’s TCPA Constitutional Challenge Dismissed With Prejudice

U.S. District Judge Wilhelmina Wright for Minnesota in St. Paul signed an order Wednesday (docket 0:22-cv-02377) dismissing with prejudice plaintiff Chester Graham’s Telephone Consumer Protection Act class action against Comcast. Graham consented to the dismissal Nov. 21 (see 2211220003). The case gained some brief notoriety when Comcast challenged the TCPA’s constitutionality on grounds that its 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 (see 2211080031).