BREAKING TCPA NEWS: Fourth Circuit Court of Appeal Strikes Down Government-Backed Debt Exemption on First Amendment Grounds
Wednesday, April 24, 2019

We’ve been predicting for months that the TCPA (Telephone Consumer Protection Act) cannot survive strict scrutiny following the 2015 BBA Amendment that created a content-specific exemption to the statute favoring calls to collect government-backed debt.

The Fourth Circuit Court of Appeals today held that the statute does not survive strict scrutiny and is unconstitutional under the First Amendment. Its remedy: to strike the exemption. More to come.

The case is AAPC v. FCC, Case No. 18-588.  You can view it here. AAPC v. FCC

 

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