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 pre-recorded telephone calls to residential telephone lines.

whether-congress-has-authority-to-identify-intangible-harms-under-article-iii