Does the Telephone Consumer Protection Act Violate Due Process as Applied?

J. Gregory Sidak

Abstract

The Telephone Consumer Protection Act (TCPA) of 1991 subjects a telemarketer’s use of autodialed telephone calls, automated text messages, and faxes to statutory damages of $500 per violation or up to $1,500 per willful violation. Depending on the circumstances of the violating communication, the TCPA’s penalties can exceed by orders of magnitude any plausible economic estimate of the recipient’s actual harm, such that the TCPA, as applied, violates the Due Process Clause of the Fifth Amendment.

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