"High Court May Interpret TCPA Autodial Rules Narrowly"

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February 12, 2020

Two Telephone Consumer Protection Act (TCPA) defense attorneys with the Squire Patton Boggs law firm say the U.S. Supreme Court “may kill the plaintiffs bar’s golden goose.”

The case, American Association of Political Consultants Inc. et al. v. Federal Communications Commission et al., will determine whether content-based exemptions under the TCPA are constitutional under free speech principles. Eric Troutman and Daniel Delnero say “the only way the TCPA is consistent with First Amendment principles is if the autodialer restrictions are read very narrowly,” much like a recent Eleventh Circuit decision. Doing so would “simultaneously save both the statute — and our free-speech rights.”