The state of play, for the TCPA

December 2, 2019

The current state of play about the TCPA in the Fifth Court is well-illustrated by Rouzier v. BioTE Medical, LLC, No. 05-19-00277-CV (Nov. 22, 2019) (mem. op.) (applying, inter alia, Forget About It, Inc. v. BoiTE Medical, LLC, No. 05-18-01290-CV, 2019 WL 3798180 (Tex. App.—Dallas Aug. 13, 2019, pet. filed). It addresses the application of the TCPA’s protection of speech and association rights to business-related communications in the healthcare industry, as well as the application of the commercial-speech exemption in that setting.