TCPA Restrictions On Robocalls Expanded By SCOTUS

Last week, the United States Supreme Court ("SCOTUS") issued a ruling examining the Telephone Consumer Protection Act ("TCPA") exception for robocalls made to collect government debt.  The far-reaching effect of the ruling will be to expand the law's restrictions on robocalls.

What are the implications of the SCOTUS ruling on robocalls?

The TCPA's constitutionality was challenged by a political consultancy association in search of a way to make unsolicited political robocalls without obtaining consent from called parties. Its argument in challenging the statute was that: (1) the exception from liability for calls placed solely for purposes of collecting a debt owed to or guaranteed by the government violates the First Amendment; and (2) because the exception is unconstitutional, the entire statute must be invalidated. Readers will recall that in 2015, Congress amended the TCPA and, among other measures, carved out a large exception for calls seeking to collect on