Member Attorney Provides Insight on TCPA Government-Debt Exception Case

ACA international Board Member Richard Perr reviews the potential outcome of Barr v. American Association of Political Consultants, recently reviewed by the U.S. Supreme Court in oral arguments.

5/21/2020 8:00 AM

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Member Attorney Provides Insight on TCPA Government-Debt Exception Case

By Richard Perr

Partner

Kaufman, Dolowich & Voluck

The U.S. Supreme Court on May 6 tackled the constitutionality of the Telephone Consumer Protection Act, an extremely popular law that restricts communications made with an automated telephone dialing system, such as telemarketing.

In Barr v. AAPC (No. 19-631), the Department of Justice sought to defend a 2015 amendment to the TCPA exempting the collection of government-owned debt from the restrictions of the TCPA, which precluded making automated calls to cellular telephones.

The American Association of Political Consultants (AAPC) challenged the exemption claiming that the decision by Congress to exempt government-owned debt from the TCPA constituted a content-based regulation of speech in violation of the First Amendment. The AAPC asked the court to sever from the statute not just the government debt exemption, but to invalidate the entire cellular telephone restriction.

It was believed before argument that the justices may have been split on the issue of whether the exemption was in fact a content-based regulation. The significance of this distinction is the level of scrutiny a court applies in examining a statute’s validity.

Read more insights from Perr in the article on Bloomberg Law.

Related Content from ACA International

U.S. Supreme Court Debates TCPA Government-Debt Exception

For more information on how the ACA Licensing staff can assist with your licensing needs, please contact us at Licensing@acainternational.org or call (952) 926-6547.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

Member Attorney Provides Insight on TCPA Government-Debt Exception Case

By Richard Perr

Partner

Kaufman, Dolowich & Voluck

The U.S. Supreme Court on May 6 tackled the constitutionality of the Telephone Consumer Protection Act, an extremely popular law that restricts communications made with an automated telephone dialing system, such as telemarketing.

In Barr v. AAPC (No. 19-631), the Department of Justice sought to defend a 2015 amendment to the TCPA exempting the collection of government-owned debt from the restrictions of the TCPA, which precluded making automated calls to cellular telephones.

The American Association of Political Consultants (AAPC) challenged the exemption claiming that the decision by Congress to exempt government-owned debt from the TCPA constituted a content-based regulation of speech in violation of the First Amendment. The AAPC asked the court to sever from the statute not just the government debt exemption, but to invalidate the entire cellular telephone restriction.

It was believed before argument that the justices may have been split on the issue of whether the exemption was in fact a content-based regulation. The significance of this distinction is the level of scrutiny a court applies in examining a statute’s validity.

Read more insights from Perr in the article on Bloomberg Law.

Related Content from ACA International

U.S. Supreme Court Debates TCPA Government-Debt Exception

For more information on how the ACA Licensing staff can assist with your licensing needs, please contact us at Licensing@acainternational.org or call (952) 926-6547.


Follow ACA International on Twitter @ACAIntl and @acacollector, Facebook and request to join our LinkedIn group for news and event updates. ACA International members are welcome to submit news items for possible publication to comm@acainternational.org. Visit our publications page for news submission guidelines and subscriptions to ACA Daily, Collector magazine and Pulse.

Advertising is available for companies wishing to promote their products or services. Be sure to visit the ACA Events Calendar on the Education and Training page to view our listing of upcoming CORE Curriculum and Hot Topic seminars featuring critical educational opportunities for your company.


Subscribe to ACA Daily NEWSROOM

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