Congressional Digest

Supreme Court Debates May 2020 No. 5 Vol. 23
American Association of Political  Consultants, Inc. et al., Respondents

Unsolicited Telemarketing Calls

Free Speech and Protecting Cellphone Privacy

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American Association of Political Consultants, Inc. et al., Respondents

Roman Martinez, Counsel of Record

In 2016, a group of political consultants, fundraisers and pollsters filed suit against the U.S. government, alleging that the Telephone Consumer Protection Act (TCPA) violated the First Amendment. The TCPA prohibited calling cellphones with automated dialing devices, which pollsters and fundraisers frequently rely on to survey and solicit American voters. Although the law was first passed in 1991, the group argued that a 2016 amendment granting an exemption to companies attempting to collect federally backed debt, such as student loans, turned the law into a content-based restriction and rendered it entirely invalid. …

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