After we discussed TCPA claims in our last webinar, we received a few follow-up questions relating to the somewhat recent Supreme Court decision in Barr v. American Ass’n of Political Consultants (“Political Consultants”) and its impact on TCPA claims going forward. Here’s the deal:
Political Consultants is not really going to have an effect on the TCPA lawsuits that are currently rocking the cannabis industry. (See my recent posts on the topic, here and here.) In Political Consultants, one narrow issue before the Supreme Court was whether the government-debt exception to the TCPA’s “automated call” restriction violated the First Amendment – and if it did violate, whether the appropriate remedy would be to invalidate the call restriction completely.
The Supreme Court could have decided this inquiry in its entirety, but it instead severed the government-debt exception from the remainder of the statute in its analysis and narrowly decided that only the government-debt exception violates the First Amendment. Because the Supreme Court left the call restriction otherwise intact, Political Consultants is not going to have any impact on the cannabis industry: the government-debt exception isn’t at issue in any of the pending cases around the country.
There is still hope