Supreme Court Substantially Restricts Ability to Sue in Federal Court for FCRA, FDCPA, TCPA and Other Statutory Violations – Same Class Actions Now Difficult to Certify
Oct. 29, 2020 — Maurice Wutscher attorney Donald Maurice recently authored an article published in RMAI Insights discussing the U.S. Supreme Court’s latest decision concerning the federal Telephone Consumer Protection Act (TCPA), as well as constitutional challenges to the Consumer Financial Protection Bureau (CFPB).
RMAI Insights is a publication of Receivables Management Association International.
In “U.S. Supreme Court ‘Fixes’ TCPA; CFPB Survives Constitutional Challenge,” Mr. Maurice writes, “In July, the U.S. Supreme Court found that the federal Telephone Consumer Protection Act’s (TCPA) exemption for calls made to collect debt owed to the federal government violated First Amendment free speech protections afforded by the U.S. Constitution. But rather than scrap the statute, the court eliminated the federal debt exemption.”
Mr. Maurice explains that although many hoped the ruling would have substantially curtailed, or even eliminated, TCPA restrictions, “the court’s decision in Barr v. American Assn. of Political Consultants, Inc. gave commercial speech, and in particular debt collection communications, enhanced constitutional protections.”
Mr. Maurice also delves into current speculation surrounding the validity of the CFPB’s past acts in light of a recent constitutional challenge it faced.
“On June 29, 2020, the U. S. Supreme Court found that because the President can only remove its director ‘for cause,’ the CFPB’s structure was unconstitutional. Although unconstitutional, the court in Seila Law LLC v. Consumer Financial Protection Bureau … ‘fixed’ the structure by allowing the president to remove the director at will. Although the CFPB survives, questions remain concerning whether the CFPB’s acts during the period of its unconstitutional structure are valid. And an answer is not expected until sometime in mid-2021.”