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Telemarketing, Technology, And The Regulation Of Private Speech: First Amendment Lessons From The Fcc's Tcpa Rules, Gus Hurwitz

Articles

This article considers the viability of the Telephone Consumer Protection Act (TCPA) in light of recent Supreme Court First Amendment precedent (such as Reed v. Town of Gilbert and Sorrell v. IMS Health) and technological & regulatory developments (such as the FCC’s ongoing consideration of rules that would allow or require prospective callers to implement technologies that obviate many of the TCPA’s concerns). The TCPA is the primary law prohibiting “robocalls” – phone calls made using autodialers or pre-recorded messages without the consent of the call recipient. In recent years robocalls have become one of the primary consumer protection issues …