The defendant's lawyer pretty much spelled out the plan for their appeal:
1. Try to hide behind political free speech (but they blew that once the commercial started.)
2. Try to get the penalty reduced.
3. Plead poverty and end up paying nothing. (I bet that the two company's books were in the black prior to being served.)
Quote:
At an Aug. 29 hearing, lawyer Teresa Young suggested a penalty of 10 cents per call.
Joseph believed he had consent to call the households in the campaign and had never had a TCPA violation or complaint, Young told Webber. He also believed that there was 45 seconds of political information “before you ever got to a commercial,” meaning the movie promotion.
She also said Joseph’s two companies were unlikely to have any money, as they are going out of business.
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