We’ve been predicting for months that the TCPA cannot survive strict scrutiny following the 2015 BBA Amendment that created a content-specific exemption to the statute favoring calls to collect government-backed debt.
The Fourth Circuit Court of Appeals today held that the statute does not survive strict scrutiny and is unconstitutional under the First Amendment. Its remedy: to strike the exemption. Analysis here.
The case is AAPC v. FCC, Case No. 18-588. You can view it here. AAPC v. FCC