Phoenix, AZ (STL.News)Attorney General Brnovich announced today that he is part of a bipartisan coalition of 35 attorneys general seeking to ensure their offices can continue to fight against unwanted and harassing robocalls. Specifically, General Brnovich filed an amicus brief in Lindenbaum v. Realgy, arguing that the Telephone Consumer Protection Act’s (TCPA) robocall ban was enforceable from 2015 to 2020.
On November 2, 2015, Congress amended the TCPA to permit robocalls made “solely” to collect a debt “owed to or guaranteed by the United States,” even without the prior express consent of the called party. The exception allowed for calls and texts to collect on debts owed or guaranteed to the federal government. In 2020, the U.S. Supreme Court (SCOTUS) invalidated that exception and severed it from the rest of the TCPA. Later, a district court ruled in Lindenbaum v. Realgy that because part of the law was struck down, the TCPA is invalid and cannot be used to hold robocallers accountable for their actions between 2015 and 2020.
“One thing Americans agree on is that we are all sick and tired of being harassed by illegal and unwanted robocalls,” said Attorney General Brnovich. “Individuals or companies who engaged in illegal robocalling should not be given a blanket free pass.”
The brief, filed in the U.S.