Sixth Circuit Says Callers Liable for Illegal Robocalls Made in 2015-2020
The particular Sixth Circuit has turned down a robocall defendant’s bet to use the Supreme Court’s decision last year in Barr v. American Organization of Political Consultants to create immunity meant for illegal robocalls made in between 2015 and 2020. Within Barr , the Supreme Court discovered that an exception added within 2015 to the decades-old robocall restriction was unconstitutional plus must be severed from the legislation. The defendant in the case prior to the Sixth Circuit, Lindenbaum v. Realgy, LLC , argued that the decision within Barr made the wide robocall ban unenforceable for that period between the unconstitutional exception’s enactment and the Supreme Court’s decision to sever, through 2015-2020. The district courtroom agreed and threw the particular lawsuit out. The 6th Circuit’s decision reverses the particular district court and enables the robocall suit to keep. EPIC and the National Customer Law Center filed a good amicus brief in the case arguing that will granting robocallers immunity “ would reward those who produced tens of billions of unwanted robocalls and deprive consumers associated with any remedy for the constant invasion of their privacy. ” EPIC regularly files amicus briefs supporting consumers in unlawful robocall cases.