Sean Wieber Discusses How the Supreme Court Could Reshape the TCPA’s Future with Law360

Winston & Strawn Litigation Partner Sean Wieber discussed how the Supreme Court could reshape the future of the Telephone Consumer Protection Act (TCPA) with Law360.

The high court agreed the week before last to review a Fourth Circuit ruling that struck down an exemption to the TCPA that allows government-backed debt collectors to skirt the statute's blanket ban on autodialed calls and texts but kept the broader autodialer restriction intact.

Now that the issue is before the Supreme Court, the article noted that the statute could be headed for a major makeover that would significantly alter the booming TCPA class action landscape.

"There's a significant chance that the TCPA as we know it and as it's written today isn't going to exist after the Supreme Court weighs in," said Sean.

Sean also said that any defense-friendly ruling out of the Supreme Court would likely be "short-lived, in the sense that either Congress or the Federal Communications Commission would step in to fill the void" if the autodialer provision is ruled unconstitutional.

Additionally, Sean elaborated that the recent move by Congress to enact the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act — which gives the FCC broader authority to crack down on unwanted robocalls and requires voice service providers to adopt call authentication technologies — further bolsters the likelihood for swift congressional action.

For more insight on the Supreme Court’s potential impact on the TCPA, read the full Law360 article here. (Subscription required)