Del. Judge Latest To Ax Gov't Robocall Exemption From TCPA

Law360 (October 1, 2019, 3:20 PM EDT) -- A Delaware federal judge found the Telephone Consumer Protection Act carve-out allowing government-backed debt collectors to use robocalls is unconstitutional, echoing several recent appellate decisions that have struck the controversial provision from the law.

Following a trend set by the Fourth Circuit in April, and mirrored by the Ninth Circuit in at least two decisions handed down since, U.S. District Judge Maryellen Noreika ruled Monday that a portion of the decades-old TCPA — a 2015 amendment that exempted government-backed debt collection calls from the statute's general prohibition on robocalls to cellphones — violated the First Amendment's free speech clause.

In Monday's decision —...

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