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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. ...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only


Appellate - 4th Circuit

Nature of Suit

2440 Other Civil Rights

Date Filed

May 24, 2018

Law Firms

Government Agencies