The following excerpt is from Duguid v. Facebook, Inc., 926 F.3d 1146 (9th Cir. 2019):
the constitutionality of the post-amendment TCPA. Although the TCPA violations Duguid alleges predate the debt-collection exception, which took effect in 2015, he also seeks damages on behalf of a putative class for violations that occurred in part in 2016, as well as forward-looking injunctive relief based on the post-amendment TCPA. See Landgraf v. USI Film Prods. , 511 U.S. 244, 273, 114 S.Ct. 1483, 128 L.Ed.2d 229 (1994) ("[A]pplication of new statutes passed after the events in suit is unquestionably proper in many situations," such as "[w]hen the intervening statute authorizes or affects the propriety of prospective relief."). The class allegations and request for injunctive relief vest Facebook with a sufficient personal stake in the post-amendment TCPA to challenge its constitutionality.
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