The 9th Circuit affirmed dismissal of a class action against Meta Platforms ruling Meta did not violate the TCPA by sending unsolicited Birthday Announcement text messages because it did not use an autodialer that randomly generated the telephone numbers in question.
Ninth circuit re wrote the TCPAs ATDS in Borden, this time to hold only a randomly produced TELEPHONE number triggers the TCPA such as Weisbien v Allergan. That’s great for folks in the Ninth Circuit footprint but it’s not what the US Supreme Court held in Facebook.
In its ruling in Borden v. eFinancial, the Ninth Circuit followed the Supreme Court's decision in Facebook v Duguid, and limited the meaning of Automatic Telephone Dialing System and held an ATDS must randomly generate telephone numbers, not just any number as Borden argued.
The Supreme Court held that the use of an ROSNG to STORE telephone numbers triggers the TCPA. Supreme Court strikes down Ninth Circuit in Marks for being too anti robocall. Then Supreme Court strikes down Ninth Circuit in Borden for being too anti anti robocall.