Mark Leyse v. Bank of America, National Association

The text of the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”), demonstrates Congress’s determination that certain types of unsolicited telemarketing calls are inherently a nuisance and are harmful within the meaning of Article III of the Constitution. The question is whether Congress, which, as the branch charged with lawmaking, “is well positioned to identify intangible harms that meet minimum Article III requirements,” such that its judgment is “instructive and important,” Spokeo v. Robins, 136 S. Ct. 1540, 1549 (2016), is to have its judgment respected with regard to the TCPA’s prohibition against the placing of unsolicited prerecorded telephone calls to residential telephone lines.