Facebook Decision Upends TCPA Litigation Landscape

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[co-author: Michael Daly]

The Supreme Court’s decision was a victory for Facebook and any other business that routinely attempts to communicate with its consumers using stored lists of consumer numbers.

The Supreme Court recently settled a long-simmering circuit split over a key component of the Telephone Consumer Protection Act (TCPA). The unanimous decision in Facebook, Inc. v. Duguid limits the scope of the statute’s restriction on autodialing and is expected to drastically decrease the volume of litigation arising under that part of the statute—which in recent years has been one of the most active areas of class-action litigation.

Originally published in the Litigation Section, Vol. 20, No. 1, Summer 2021, by the American Bar Association.

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