MINNEAPOLIS (Legal Newsline) – President Donald Trump’s post-election litigation load is a little lighter, as his campaign has settled a nuisance texts lawsuit against it.
Though the case was previously given the go-ahead by a Minnesota federal judge, Donald J. Trump for President on Oct. 30 moved to dismiss the claims of two plaintiffs. On Nov. 6, the case settled for an undisclosed amount.
What changed was a September decision by the U.S. Supreme Court that found provisions in the Telephone Consumer Protection Act were unconstitutional. That opened the door for defendants to argue the TCPA has been unconstitutional in its entirety.
Facing that fight, lawyers at the Consumer Justice Center settled their three plaintiffs’ individual claims and dismissed their class action claims without prejudice.
The Trump campaign was represented by Jones Day.
“(Plaintiffs) Olson and Wheeler claim that the campaign violated (the TCPA) by sending text messages to them and a putative class between 2015 and 2019,” attorneys there wrote in the recent motion to dismiss.
“But it is well established that a defendant cannot be held liable for conduct that was proscribed by an unconstitutionally discriminatory law... Two district courts have already concluded that Political Consultants compels dismissal of cases just like this one.”