Appellate court holds that TCPA does not preempt state ban on robocalls

The US Court of Appeals for the Seventh Circuit yesterday held that the federal Telephone Consumer Protection Act (TCPA) does not preempt Indiana’s state robocall ban. The TCPA regulates various telemarketing behavior and regulates the use of autodialers. The federal regulations allow robocalls for non-commercial purposes, but the Indiana law bans all robocalls made without the consent of the person called.

The suit was brought against the state by Patriotic Veterans, Inc., “a not‐for‐profit Illinois corporation whose purpose is to inform voters of the positions taken by the candidates and office holders on issues of interest to veterans.” The Seventh Circuit looked to the language of the TCPA and determined that “the plain language of the statute decrees that state laws that prohibit autodialers are not preempted by the statute.”

The court of appeals’ opinion in Patriotic Veterans, Inc. v. State of Indiana is here.

The case will now return to the district court for consideration of the plaintiff's alternative argument that the Indiana law violates the First Amendment.