FTSA Violates First Amendment ‘On Its Face and as Applied’: Keiser U.

Keiser University “denies all allegations” in an Aug. 15 amended class action that it violated the Florida Telephone Solicitation Act or that plaintiff Maria Fernanda Soto Leigue and members of the potential class “are entitled to relief,” said the school’s answer to the complaint Friday (docket 1:22-cv-22307) in U.S. District Court for Southern Florida in Miami. The complaint alleged that due to its high student turnover rate, which ranks in the top 10 among private U.S. universities, Keiser is forced to implement aggressive marketing strategies to recruit new students so it can ultimately generate revenue. Keiser denies that it charges a tuition for undefined educational services, said its answer. “Keiser sometimes charges tuition for teaching and instruction, which is not a consumer good or service within the meaning of the FTSA,” it said. Keiser “does not dispute” that the plaintiff submitted an inquiry to the school for a human resources administrator degree and courses, and agreed that Keiser may contact her regarding her inquiry, it said. “Keiser specifically denies that any such communications constitute telephonic sales calls within the meaning of the FTSA,” it said. The FTSA violates the First Amendment “on its face and as applied because it places a content-based restriction on speech,” said the school. The statutory damages sought “are excessive and thus violate” the constitution’s due process clause, it said.