Kansas Attorney General on Winning Side in Supreme Court Case

Kansas Attorney General Derek Schmidt was involved in a case decided by the Supreme Court this week.

The U.S. Supreme Court ruled that the federal ban on almost all robocalls to cell phones will remain in effect, and that government debt collectors must abide by it.

Schmidt said the ruling affirms that the federal Telephone Consumer Protection Act – or TCPA – will remain an important piece of the attempt to try to curb unwanted robocalls, particularly to cell phones.

The dispute arose because Congress in 2015 amended the near-total prohibition on robocalls to cell phones by adding an exception to allow debt-collectors hired by the government, such as the Internal Revenue Service, to use robocalls.

The plaintiffs in the case challenged the entire law, arguing that by exempting government debt collection calls from the ban the government engaged in content-based discrimination that preferred one type of speech over others in violation of the First Amendment.

Schmidt, along with a coalition of 32 other state attorneys general, filed a brief asking the Court to uphold the TCPA’s prohibition on almost all robocalls to cell phones.