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High Court Sidesteps Autodialer Cases After Facebook Ruling
Law360 (April 19, 2021, 3:07 PM EDT) The U.S. Supreme Court on Monday cleared off its docket four disputes over what qualifies as an autodialer under the Telephone Consumer Protection Act, ordering the Second and Sixth Circuits to revisit rulings that conflicted with the justices recent decision to side with Facebook s narrow reading of the term while letting two other appellate court holdings stand.
In its latest order list, the justices vacated the Second Circuit s ruling from last April in Duran v. La Boom Disco and the Sixth Circuit s July decision in Allan v. Pennsylvania Higher Education Assistance Agency which both broadly defined autodialer to cover any equipment that has.
High Court Sidesteps Autodialer Cases After Facebook Ruling
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Supreme Court Accepts Narrow Definition of Autodialer, Limiting Reach of TCPA | King & Spalding
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Last week, the U.S. Supreme Court issued a decision that, at least in the short run, is likely to dramatically reduce litigation under the Telephone Consumer Protection Act (“TCPA”). In
Facebook, Inc. v. Duguid, the Court held that only a narrow set of telephone equipment meets the definition of “an automatic telephone dialing system” (“ATDS”) for purposes of the statute’s ban on making certain types of calls with an ATDS. The TCPA’s prohibition on using an ATDS to call a cell phone without prior express consent has spawned a considerable volume of consumer class action litigation, and led to large pay-days for some plaintiffs’ attorneys. Significantly, the Court held that the statutory definition of an ATDS is limited to devices with the capacity to use a random or sequential number generator to either store or produce telephone numbers for dialing. While automated dialers at one time may have re