We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

TCPA Debt Call Carveout Is Unconstitutional, 4th Circ. Says

Law360 (April 24, 2019, 9:21 PM EDT) -- The Fourth Circuit on Wednesday struck down an exemption that allowed government-backed debt collectors to skirt the Telephone Consumer Protection Act's blanket ban on autodialed calls to cellphones, finding the provision violated the First Amendment's free speech clause. 

The American Association of Political Consultants and three other groups that regularly engage in political activities launched the First Amendment challenge to the disputed carveout, which was created by a 2015 amendment to the TCPA and exempts automated calls that relate to the collection of debts "owed to or guaranteed by the federal government" from the statute's general prohibition on placing autodialed calls to cellphones. ...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

map

Kirkland & Ellis LLP has redefined what it means to be the biggest of BigLaw — weighing in at 2,116 attorneys by year end 2018 and becoming the first firm since Law360 began tracking law firm head counts to top 2,000 U.S.-based attorneys.

Related

Sections

Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - 4th Circuit

Nature of Suit

2440 Other Civil Rights

Date Filed

May 24, 2018

Law Firms

Government Agencies