On the other hand, AAPC continues, if the asserted privacy interest is read more narrowly as extending only to nuisance telemarketing calls, the cellphone-call ban is overbroad because it extends to calls made by devices that even potentially could function as auto-dialers, including smartphones. The government-debt exception is content-neutral, the Government contends, because the TCPA’s restrictions turn on factors independent of content, such as whether the debt is government-owned and whether the caller is authorized to collect the debt. Grier • Woodbury • Whether the government-debt exception to the Telephone Consumer Protection Act of 1991’s automated call restriction violates the. The Government claims that hundreds of billions of dollars of delinquent debt owed to the United States remains uncollected. Strict scrutiny is the highest standard of review which a court will use to evaluate the constitutionality of governmental discrimination. BARR, ATTORNEY GENERAL, et al. Thomas, Burger • Thompson • Woods, Communications: Kristen Vonasek • Kayla Harris • Megan Brown • Mary Dunne • Sarah Groat • Heidi Jung See. For instance, MCM points to TCPA lawsuits against companies such as GroupMe, Twitter, Google, and Lyft. Brennan • The plurality finds the government-debt exception unconstitutional primarily by applying a logical syllogism: (1) "Content-based laws are subject to strict scrutiny.” Ante, at 6 (citing Reed v. Town of Gilbert, 576 U.S. 155, 163–164 (2015)). You can review the lower court's opinion here.[6]. The Portfolio Recovery Associates, LLC (“PRC”) also argues that the TCPA could harm consumers by censoring messages and chilling free speech. ", that the permitted automated calls were unconstitutionally favored, and that the free speech aspect of the debt-collection exemption was not severable from the automated call ban which would make the entire ban unconstitutional. Frankfurter • Preventing the law's enforcement against the plaintiffs would fully address their injury. Instead, the Government contends, the exception focuses on the economic activity the caller engages in rather than the content of calls. Matthews • Th… Id. supreme court of the united states in the supreme court of the united states william p. barr, attorney general, ) et al., ) petitioners, ) This case primarily involves commercial regulation–namely, debt collection. The upshot is that the government-debt exception, taken in context, inflicts some speech-related harm. Instead of striking down the robocall ban altogether, the court invalidated only the exception. at 24. Moreover, EPIC asserts that such calls “outrage” consumers, indicated by the 3.8 million complaints filed before the Federal Trade Commission in the first nine months of 2019. As further indication that the restriction is content based, AAPC cites an FCC order indicating that if a call includes advertising- or sales-related content, this content transforms an otherwise permissible call into an impermissible one. Id. Thus, the Government argues, the content of many such calls will be irrelevant to determining whether the TCPA prohibits the calls, making the government-debt exception a content-neutral one. In fact, the government does not dispute that, if strict scrutiny applies, its law must fall. As enacted, this ban does not apply when the call is generated for emergency purposes or with the recipient’s prior explicit permission. Amid oral arguments in Barr v. American Association of Political Consultants, an unexpected sound projected clearly across the court's live audio stream: Someone flushed a toilet. PRC contends, as an example, that group texting friends and acquaintances or setting an automatic “Do Not Disturb” response could lead to TCPA liability. No. The Student Loan Servicing Alliance (“SLSA”), in support of Barr, argues that invalidating the TCPA’s government-debt exception would undercut the government’s ability to collect debts. at 24–25. the district court's grant of summary judgmentRefers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law. For example, MCM points to the TCPA’s “Do-Not-Call Provisions” and other related provisions that restrict telemarketing calls and penalize telemarketers $500 per call. We cure that constitutional violation by invalidating the 2015 government-debt exception and severing it from the remainder of the statute. Brief for Respondent at 25. Political consultants group argued law violated First Amendment Several political and nonprofit organizations, including the American Association of Political Consultants, challenged the law and the government-debt exception. [6] The exemption to the statute, established in 2015, allowed automated calls relating to collecting debts owed to or guaranteed by the federal government, otherwise known as the government-debt exception or debt-collection exemption. If the Government’s asserted privacy interest covers all unsolicited calls, then the TCPA’s residential-call provision allowing noncommercial and non-telemarketing calls to homes is inconsistent with such a broad privacy interest because the residential-call provision is less expansive than the cellphone-call restriction. at 21–22. In the end, I agree that 47 U. S. C. §227(b)(1)(A)(iii) violates the First Amendment, though not for the reasons Justice Kavanaugh offers. January 10, 2020: The U.S. Supreme Court agreed to hear the case. May 6, 2020 Barr, Attorney General v. American Association of Political Consultants, Inc Oral Argument at 17–18. Scalia • Volunteer Spotlight; Resources. Whether the government-debt exception to the Telephone Consumer Protection Act of 1991’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute. Am. Id. The argument focused on the two questions … Brief for Petitioner, William P. Barr & Federal Communications Commission at 14–15. While the Constitution requires at least some scrutiny of Congress’s restrictions on speech, the Government explains, courts treat content-neutral regulations more deferentially than content-based restrictions. liam P. Barr, in his official capacity as the Attorney General of the United States; and the Federal Commu- nications Commission. Justice Neil Gorsuch filed an opinion concurring in the judgment in part and dissenting in part, in which Justice Clarence Thomas joined as to Part II. Breyer • On July 6, the U.S. Supreme Court ruled in Barr v.American Association of Political Consultants that the Telephone Consumer Protection Act’s exception from its automated call restriction for calls to collect government debts violates the First Amendment of the U.S. Constitution. A majority of the Court, however, has concluded the contrary. A court's written order commanding the recipient to either do or refrain from doing a specified act. The judgment of the U.S. Court of Appeals for the Fourth Circuit is affirmed. J. Lamar • In 2015, Congress carved out an exception that allowed robocalls made to collect government debt. Id. at 46–47, 49. Barr, Attorney General v. American Association of Political Consultants, Inc. at 25–26. Burton • Davis • Whether the government-debt exception to the Telephone Consumer Protection Act of 1991’s automated-call restriction violates the First Amendment, and whether the proper remedy for any constitutional violation is to sever the exception from the remainder of the statute. W. Johnson, Jr. • at 15–17. The Chamber explains that plaintiffs congregate to bring class action lawsuits against businesses after receiving TCPA-prohibited calls. disputes, lawsuits, and recounts, Six Members of the Court today conclude that Congress has impermissibly favored debt-collection speech over political and other speech, in violation of the First Amendment. Id. Livingston • It notes that in 2018, TCPA settlements totaled approximately $171 million and in 2016, litigants filed over 5,000 TCPA lawsuits. The Chamber asserts that businesses will be forced to settle such lawsuits due to the massive number of claimants and the potential for millions of dollars in losses. at 25. 47 … American Association of Political Consultants (AAPC) Header Right. at 32. In a press release, the court said the delay was "in keeping with public health guidance in response to COVID-19. Similarly, the Government maintains, other statutes such as the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), and various securities laws target communications incident to specific kinds of economic activity, and because those laws have never been found to regulate content, neither should the government-debt exception. Sanford • Taney • Question(s) Presented . Id. Id. Tab Group. Clarke • Member Network; AAPC Wire; AAPC Advantage; Code of Ethics. Refers to a judgment granted on a claim about which there is no genuine issue of fact and to which the party moving for judgment prevails as a matter of law. [8], Justice Neil Gorsuch filed an opinion concurring in the judgment in part and dissenting in part, joined by Justice Clarence Thomas.[4]. American Association of Political Consultants, scheduled for May 6 at 11:00 a.m. Ward v. Rock Against Racism, 491 U.S. 781 797–799, and n. 6 (1989) (explaining that outside of strict scrutiny review, narrow tailoring does not require the use of least-restrictive means analysis). And going this far, but no further, would avoid “short circuit[ing]the democratic process” by interfering with the work of Congress any more than necessary. Id. McKenna • To void, cancel, nullify, or invalidate a verdict or judgment of a court. Id. Because the Government fails to defend the poor fit between the asserted privacy interest and the ban’s coverage, AAPC argues, the ban fails even intermediate scrutiny. 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