Special Report - State Mini-TCPA Laws Create Patchwork Quilt of Regulations for Automated Calls and Texts - July 2023

McDermott Will & Emery
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Since the Supreme Court of the United States issued its 2021 ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the Telephone Consumer Protection Act (TCPA), state legislators have responded by adopting broader versions of laws requiring consent for telephonic sales calls, texts and voicemails. This Special Report discusses the state laws often called “mini-TCPA laws,” including amendments adopted in 2023 to the Florida, Maryland and Washington laws, and steps that businesses that send automated text messages, calls or voicemails should take in response.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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