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On April 1, 2021, the United States Supreme Court issued a long-awaited landmark decision that finally resolves a deep split of authority in the Circuit Courts of Appeal regarding the definition of an autodialer under the Telephone Consumer Protection Act (TCPA). In a unanimous opinion, the justices overturned a Ninth Circuit ruling that broadly defined the type of automatic telephone dialing system (ATDS) prohibited by the TCPA. See Facebook, Inc. v. Duguid, Case No. 19-511 (2021).
While the TCPA defines an ATDS as equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, and to dial such numbers, the Ninth Circuit broadly construed that definition and held that it is enough for a phone to be able to dial stored numbers automatically to qualify as an ATDS under the TCPA which definition would encompass the capabilities of most smartphones. Gi
FACEBOOK IS OUT!: The 6 Most Critical Take Aways–and One Most Important Question–Following the Supreme Court’s HUGE TCPA ATDS Ruling Published on: 6 April 2021 at 10:00 a.m. ET April 6, 2021, 10 a.m. April 6, 2021, 10:41 a.m. insideARM.com The iA Institute
of the ever-evolving, never-a-dull-moment Telephone Consumer Protection Act. Squire Patton Boggs LLP and all insideARM articles are protected by copyright. All rights are reserved.
Well folks, it never fails. I try to sneak out on a vacation and a major TCPA ruling comes down. It happened with
ACA Int’l. It happened with the Ominibus. And it happened with
Facebook.
No, the Facebook Win Does Not Mean TCPA Litigation is Over Published on: 5 April 2021 at 12:00 p.m. ET April 5, 2021, noon April 5, 2021, 12:34 p.m. insideARM.com The iA Institute
On April 1, 2021, the Supreme Court released its unanimous decision in
Facebook v. Duguid, holding that to be considered an ‘automatic telephone dialing system’ (Autodialer), equipment must have the capacity to either: (1) store numbers using a random or sequential number generator; or (2) produce numbers using a random or sequential number generator. Although this new clarity regarding the definition of an Autodialer will help accounts receivable entities ensure compliance with the Telephone Consumer Protection Act (TCPA), it does not signify an end to TCPA litigation, and no one should be throwing away their TCPA policies and procedures just yet.
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FACEBOOK IS OUT!: The 6 Most Critical Take Aways–and One Most Important Question–Following the Supreme Court’s HUGE TCPA ATDS Ruling Today Thursday, April 1, 2021
Well folks, it never fails. I try to sneak out on a vacation and a major TCPA ruling comes down. It happened with
ACA Int’l. It happened with the Ominibus. And it happened with
Facebook.
Maybe I should stop taking so many vacations?
My inbox–which was already full from being out for 3 days–is absolutely overflowing with requests for my thoughts. So here they are–the top 6 things you need to know RIGHT NOW.