Fourth Circuit Severs Exemption from TCPA on First Amendment Grounds

Robert W. Quinn, Featured Expert Contributor, Communications Regulation

WBK_Attorney_QuinnEditor’s Note: This is Mr. Quinn‘s first commentary as the WLF Legal Pulse‘s featured expert contributor on communications regulation. Mr. Quinn is a Partner in the Washington, DC office of Wilkinson Barker Knauer, LLP. Prior to joining the firm, Mr. Quinn retired from AT&T after over 30 years, serving most recently as Senior Executive Vice-President for Legislative & Regulatory Affairs.

Debt collectors of loans made or guaranteed by the federal government took another big hit in late April when the U.S. Court of Appeals for the Fourth Circuit invalidated the federal government debt collection exemption to the Telephone Consumer Protection Act of 1991 (47 C.F.R. § 227) (“TCPA”) which otherwise bars auto-dialed and pre-recorded telephone calls to mobile telephones (as well as pre-recorded calls to landline telephones) on First Amendment grounds. American Association of Political Consultants, Inc. v. FCC, No. 18-1588, 4th Cir. (Apr. 24, 2019). Continue reading “Fourth Circuit Severs Exemption from TCPA on First Amendment Grounds”