Sixth Circuit Reverses District Court In TCPA Enforceability Challenge

Key Points

• The Sixth Circuit recently issued a significant ruling in a closely watched TCPA proceeding.
• The Sixth Circuit ruled that the TCPA's automated call provisions could be enforced against businesses in connection with calls made between 2015 and July 2020 notwithstanding the Supreme Court's decision in Barr v. American Association of Political Consultants, Inc., 140 S. Ct. 2335 (2020). In Barr, the Supreme Court held that the government debt exception to the automated call provisions (added in 2015) created an unconstitutional content-based restriction on speech.
• This is the first circuit-level decision addressing the implications of the Supreme Court's ruling in Barr.