We are now nearly one year PF - post-Facebook, the seminal decision that effectively shut down the central avenue used by Plaintiffs’ lawyers to assert liability under the Telephone Consumer Protection Act. So where is the...more
Litigants spent years fighting over the definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). That fight culminated in this year’s big ATDS defense win in the...more
On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a deep circuit split with respect to the boundaries of TCPA liability. In its holding, the court unanimously adopted a...more
The Telephone Consumer Protection Act (TCPA) provides a (deceptively?) simple definition of an Automatic Telephone Dialing System (ATDS):
The term “automatic telephone dialing system” means equipment which has the capacit...more
On December 13, 2018, the Federal Communications Commission issued its long-awaited guidelines for dealing with reassigned numbers under the Telephone Consumer Protection Act. After the D.C. Circuit unequivocally rejected the...more