Sixth Circuit Says Callers Liable for Illegal Robocalls Made in 2015-2020

September 9, 2021

The Sixth Circuit has rejected a robocall defendant's bid to use the Supreme Court's decision last year in Barr v. American Association of Political Consultants to create immunity for illegal robocalls made between 2015 and 2020. In Barr, the Supreme Court found that an exception added in 2015 to the decades-old robocall restriction was unconstitutional and must be severed from the law. The defendant in the case before the Sixth Circuit, Lindenbaum v. Realgy, LLC, argued that the decision in Barr made the broad robocall ban unenforceable for the period between the unconstitutional exception's enactment and the Supreme Court's decision to sever, from 2015-2020. The district court agreed and threw the lawsuit out. The Sixth Circuit's decision reverses the district court and allows the robocall suit to continue. EPIC and the National Consumer Law Center filed an amicus brief in the case arguing that granting robocallers immunity “would reward those who made tens of billions of unwanted robocalls and deprive consumers of any remedy for the incessant invasion of their privacy.” EPIC regularly files amicus briefs supporting consumers in illegal robocall cases.

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