An exemption to the Telephone Consumer Protect Act authorizing robocalls related to collection of debts owed to the government violates the Free Speech Clause. The district court erred in holding otherwise and thus in granting summary judgment to the government.
Here, a political polling group and other plaintiffs have argued that the “debt-collection exemption” is unconstitutional and cannot be severed from the entire Act; therefore, the entire ban on robocalls is unconstitutional. This court agrees the exemption does not pass the applicable strict scrutiny review, but the exemption may nevertheless be severed, leaving the remainder of the Act intact.
Vacated and remanded.