Judge G. Steven Agee in a dissenting opinion described the court’s decision as “erroneous” for adopting what he called a “statutorily unsupported pretext theory.”
June 24, 2024 at 05:59 PM
3 minute read
A divided U.S. Court of Appeals for the Fourth Circuit revived a lawsuit this past Friday against a Maryland tech firm accused of faxing an unsolicited advertisement in violation of the Telephone Consumer Protection Act (TCPA).
In a 2-1 majority opinion written by Judge Toby J. Heytens and joined by Judge Robert B. King, the Fourth Circuit overturned the Baltimore federal court’s dismissal of the litigation for rejecting all plausible theories of liability under the TCPA.
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Toby Heytens, while he was a professor of law with University of Virginia. Courtesy photo.
