Attorney Published Article
Constitutionality of the TCPA Between 2015 and 2020Read Time: 1 min
As always, the Telephone Consumer Protection Act (TCPA) is subject to litigation throughout the country. Recently, the U.S. Supreme Court handed down a decision in Facebook, Inc. v. Duguid, No. 19-511 (U.S. 2021), regarding the definition of an automated telephone dialing system (ATDS). Although the Facebook case, which was decided in April 2021, has received the majority of attention, another question has arisen regarding whether the TCPA was constitutional between the enactment of the government-debt exception in 2015 and the Barr v. American Ass’n of Political Consultants, Inc. (AAPC) decision on July 6, 2020. 140 S. Ct. 2335, 207 L. Ed. 2d 784 (2020).
On July 6, 2020, in a plurality opinion, the U.S. Supreme Court decided AAPC. Since then, this decision has already led to a split in authority regarding the effect of the severance of the government-debt exception on robocalls made to cellular phones by nongovernment debt collectors from November 2, 2015, to July 6, 2020.
Gregg D. Stevens (Dallas) and Stefanie L. Deka (Cleveland) co-authored an article regarding whether the TCPA was constitutional between the enactment of the government-debt exception in 2015 and the AAPC decision in 2020 in the ABA Litigation Section’s Consumer Litigation, Volume 20, Number 1, Summer 2021.