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Over the past 20 years or so, if your marketing team has deployed or wanted to deploy text messaging to communicate with consumers, and you – as legal counsel – pushed back, you are probably familiar with the Telephone Consumer Protection Act (“TCPA”), its rigid opt-in requirements for commercial text messaging, and the thousands of cases and millions of dollars in fines and settlements paid out for TCPA violations. One significant problem with the TCPA has been the lack of clarity in the statutory language regulating the use of an “automated telephone dialing system” when sending text messages. Even the most diligent marketing and technology teams could get tripped up by the TCPA’s lack of definitional clarity, leading many to forego text messaging campaigns at all due to the potential legal risks, even though texting is currently among the most common communication platforms.
U S Supreme Court Clarifies TCPA s Definition of Autodialer | Jones Day
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Supreme Court Answers The Call: Clarifies Meaning Of
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On April 1, 2021, the U.S. Supreme Court adopted a narrow interpretation of a key clause of the federal Telephone Consumer Protection Act of 1991 (“TCPA”), which restricts the use of devices known as “automatic telephone dialing systems” or “autodialers.” In a unanimous opinion in
Facebook, Inc. v. Duguid et al., No. 19-511, the Court overturned a Ninth Circuit decision that broadly defined an autodialer to cover any equipment that has the capacity to store and dial numbers, regardless of whether those numbers were generated by a random or sequential number generator.