Barr v. American Association of Political Consultants [telecom]

open original image

Barr v. American Association of Political Consultants

Whether the Government Debt Collection Exception to the Robocall Ban in the Telephone Consumer Protection Act is Unconstitutional and Should Be Severed

This case concerns the constitutionality of an exception to the auto- dialer ban in the Telephone Consumer Protection Act ("TCPA"). The TCPA prohibits use of an "automated telephone dialing system" or pre- recorded voice to call an individual's cell phone or landline phone without prior authorization. Since its enactment in 1991, courts have consistently held that the TCPA's autodialer rules are constitutional. But several groups have recently challenged the constitutionality of an exception to the autodialer ban that Congress passed in 2015.