Is This the End of the TCPA? High Court Hears Oral Arguments in 'Barr'
On May 6, the U.S. Supreme Court heard oral arguments in Barr v. American Association of Political Consultants, a case that potentially could result in the demise of the Telephone Consumer Protection Act.
May 07, 2020 at 01:48 PM
6 minute read
On May 6, the U.S. Supreme Court heard oral arguments in Barr v. American Association of Political Consultants, a case that potentially could result in the demise of the Telephone Consumer Protection Act, 47 U.S.C. Section 227 (TCPA).
First enacted in 1991, the TCPA generally prohibits calls to mobile phones when the caller uses an artificial or prerecorded voice or an automatic telephone dialing system (ATDS). In 2015, Congress amended the TCPA by adding an exemption for calls "made solely to collect a debt owed to or guaranteed by the United States." See 47 U.S.C. Section 227(b)(1)(A)(iii).
In Barr, the American Association of Political Consultants (AAPC) challenged the constitutionality of the TCPA, arguing that it violates the First Amendment by imposing content-based restrictions on speech. For instance, the TCPA could impose sanctions on AAPC for a call to a mobile phone to deliver a political message, but a party seeking to collect a U.S. government debt who called the same number, using the same technology, would not suffer any TCPA repercussions.
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