Supreme Court Strikes Down Exemption from TCPA's Robocaller Ban

On July 6, the U.S. Supreme Court released its decision in Bar v. AAPC. Although significantly divided, enough Justices could agree that the robocall ban exemption bestowed on government debt collection in 2015 was unconstitutional under the First Amendment. But the Court severed the exemption for government debt collection from the rest of the Telephone Consumer Protection Act of 1991 and upheld the remainder of the Act. In so doing, the Court rejected the Petitioners' interesting First Amendment equal treatment claim that the robocall ban should have been lifted entirely and all robocalls allowed. 

Free State Foundation President Randolph May and I have addressed problems involving other aspects of the TCPA that merit action by the FCC in prior Perspectives from FSF Scholars papers, available here and here.