January 13, 2021 Feature

Don’t Call Me Anymore: Free Speech and Robocalls after Barr v. American Association of Political Consultants

By Kyle J. Steinmetz

Congress enacted the Telephone Consumer Protection Act (TCPA) in 1992 to attempt to limit the increasing volume of unwanted automated calls sent to consumers, especially bothersome prerecorded telemarketing calls.1 The TCPA thus contains an array of provisions designed to reduce such calls. For example, the TCPA gives the Federal Communications Commission (FCC) the authority to establish do-not-call lists2 and prohibits prerecorded telemarketing calls from being sent to a residential telephone number without the call recipient’s consent.3 But the TCPA also restricts the use of automated equipment to call cellular telephone numbers. Thus, it is

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