In a landmark decision that could have widespread and
significant implications, the United States District Court for the
Eastern District of Louisiana has ruled that the Telephone Consumer
Protection Act ("TCPA") was unconstitutional from 2015 to 2020. In doing
so, the Court vacated claims that TCPA law had been violated in
connection with calls received during that time period.
Why was the TCPA law ruled unconstitutional and what does it
mean going forward?
Readers will recall that the United States Supreme Court
("SCOTUS") recently
declared that the government debt exception to the TCPA was
unconstitutional, and, therefore, severed it from the broader TCPA
law robocalling prohibitions. While most observers processed
SCOTUS' decision as a straightforward remedy leaving intact the
constitutionally valid portions of the statute, SCOTUS failed to
reach a majority rationale for severing the exemption from the
TCPA. Because of this lack of clarity, the Louisiana
