Federal appeals court allows lawsuit against robocalls

A federal appeals court gave life to a class action lawsuit against an energy supplier over unsolicited robocalls, reversing a lower court decision that upheld the right to make the calls. The 6th Circuit U.S. Court of Appeals ruled that a recent U.S. Supreme Court decision only held that a section of the Telephone Consumer Protection Act (TCPA) was unconstitutional and that the law in the main was enforceable. The energy supplier Realgy LLC called the decision a blow to free speech. (Reuters, September 9, 2021, by Sara Merken)

“Secondly, the court found no concerns over First Amendment issues. Realgy argued that government-backed debt collectors have a fair notice defense to TCPA claims from 2015 to 2020, and to prevent private debt collectors from raising the same defense would create a content-based restriction. The Sixth Circuit quickly dismissed this argument, finding that the presence of a government defense does not create a restriction on a private party. In so doing, the court reversed the district court’s opinion and set a new standard for TCPA claims in the Sixth Circuit.” (troutmanpepper, September 10, 2021, by Virginia Bell Flynn, Chad R. Fuller and Brooke Conkle)

For related FAC coverage, click here, here and here.