Justin Kay Discusses Constitutionality of TCPA

Chicago partner Justin Kay was quoted in an April 26, 2019 article on Law360 entitled “TCPA Constitutionality Fight Gains Steam with 4th Circ. Ruling.” The article addresses the Fourth Circuit’s recent decision in American Association of Political Consultants, Inc. v. FCC, which found a section of the Telephone Consumer Protection Act (TCPA)—the section that exempted government-backed debt collection calls from the statute—unconstitutional and then severed it from the statute.

Justin noted, “‘I don’t think anyone will be happy with this outcome except the plaintiffs’ bar, but I also don’t think this opinion will be the last word on this issue.’” He explained that “the ultimate result marks a blow to not only the challengers, who ‘wanted to narrow the TCPA and instead ... expanded it and eliminated a provision supporting the argument that the TCPA is a content-based restriction on free speech,’ but also to the government and private businesses that have contracted with the government to run down student loans and similar debts.” He also expressed doubt that “the government is particularly happy that the exemption they created for their own benefit was invalidated,” and noted that “‘the innocent bystanders here — the government contractors who weren’t a party to the case — certainly won’t be happy that an exemption for them was eliminated without their involvement.’”