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ATDS The United States Federal Communications Commission Supreme Court of the United States

Faegre Drinker Biddle & Reath LLP

Proposed Federal TCPA Legislation Offers a New and Narrow ATDS Definition

On July 12, 2022, Representatives Raja Krishnamoorthi, D-Ill., and Katie Porter, D-Calif. introduced H.R. 8334 in the U.S. House of Representatives, which was referred to the Committee on Energy and Commerce. The bill would...more

Troutman Pepper

Recent Trends in TCPA Litigation - The Consumer Finance Podcast

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Please join Troutman Pepper Partner Chris Willis and his guest and fellow Partner Stefanie Jackman as they discuss recent trends in Telephone Consumer Protection Act (TCPA) litigation, including how the landscape has changed...more

ArentFox Schiff

Unanimous Supreme Court Decision Narrows the Scope of the TCPA

ArentFox Schiff on

An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

Buchalter

The Post-Facebook TCPA Landscape: How the Supreme Court’s Opinion on the Definition of ATDS Has Changed Legal Risk for Companies...

Buchalter on

The Telephone Consumer Protection Act has for over a decade been a source of significant legal risk for any business that communicates with consumers by phone or text. The TCPA prohibits making calls without consent to cell...more

Sunstein LLP

Privacy in the Cellphone Era: The Supreme Court Opens the Door to Automated Text Messages

Sunstein LLP on

In 1890, Louis Brandeis wrote a seminal law review article on privacy, defining it as “the right to be left alone.” In 1991, Congress enacted the Telephone Consumer Protection Act (TCPA) to reinforce that right. This month,...more

Jackson Walker

One of These Things Is Not Like the Other: SCOTUS Narrows the TCPA’s Application in Autodialer Cases, But Certain Marketing and...

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Back in 1991, when mobile phones were a luxury item weighing about two pounds and dial-up internet was getting ready to hit the market, Congress passed the Telephone Consumer Protection Act, 47 U.S.C. § 227 (TCPA), with an...more

Hudson Cook, LLP

Looking Forward After the U.S. Supreme Court Adopts Narrow, Business-Friendly TCPA "Autodialer" Standard

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On April 1, 2021, the U.S. Supreme Court announced its decision in Facebook, Inc. v. Duguid, adopting the narrow "autodialer" standard under the Telephone Consumer Protection Act that Facebook favored. The unanimous opinion...more

Williams Mullen

TCPA Litigation Update: The Aftermath of the Supreme Court’s Facebook v. Duguid Decision

Williams Mullen on

On April 1, 2021, the Supreme Court released its highly anticipated and unanimous decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or...more

Manatt, Phelps & Phillips, LLP

The Supreme Court’s Landmark Decision in Facebook v. Duguid: Top Takeaways and Issues to Watch

On April 1, 2021, the Supreme Court issued its highly anticipated decision in Facebook v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or autodialer) under...more

Lathrop GPM

The Supreme Court’s Unanimous Decision Narrows TCPA’s Reach

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The United States Supreme Court recently issued its long-awaited opinion clarifying what qualifies as an “autodialer” and is therefore governed by the Telephone Consumer Protection Act of 1991 (TCPA), potentially providing...more

Jones Day

U.S. Supreme Court Clarifies TCPA's Definition of "Autodialer"

Jones Day on

The ruling should limit the FCC's ability to rewrite the statute through administrative action. In Facebook, Inc. v. Duguid, the Supreme Court resolved the interpretive question at the heart of the swarm of litigation...more

Hinshaw & Culbertson - Consumer Crossroads

Unpacking the U.S. Supreme Court's Unanimous Facebook Decision Narrowing the TCPA's Autodialer Definition

A unanimous United States Supreme Court (SCOTUS) on April 1, 2021, resolved more than a decade of Telephone Consumer Protection Act (TCPA) litigation and untold millions of dollars in claims by disentangling the contorted...more

BCLP

Supreme Court Issues Game Changing Definition of ATDS Under TCPA

BCLP on

On April 1, 2021, in Facebook v. Duguid, 592 U.S. __(2021), the Supreme Court issued a unanimous and long-awaited ruling clarifying the definition of an “automatic telephone dialing system” (“ATDS”) under the Telephone...more

Fox Rothschild LLP

Supreme Court Limits Reach Of Robocall Law in Facebook Case

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Curtailing the reach of an antiquated robocall law, the U.S. Supreme Court has sharply limited what constitutes an “autodialer" under the Telephone Consumer Protection Act of 1991. The unanimous decision in Facebook,...more

Dorsey & Whitney LLP

The Supreme Court - April 1, 2021

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Facebook, Inc. v. Duguid, No. 19-511: The Telephone Consumer Protection Act of 1991 (“TCPA”) provides a private right of action for those subject to the unlawful use of an “automatic telephone dialing system,” defined in the...more

Kelley Drye & Warren LLP

Supreme Court Defines ATDS Under The TCPA

On April 1, 2021, in a unanimous decision, the Supreme Court ruled that the definition of an automatic telephone dialing system (“ATDS”) under the TCPA is limited by the plain grammar of the statute itself. The Court, in a...more

Locke Lord LLP

Supreme Court Adopts Narrow Definition of TCPA Automatic Telephone Dialing System

Locke Lord LLP on

Starting in 2003 when the FCC adopted an expansive interpretation of the definition of an “automatic telephone dialing system” (ATDS) that included most modern telephone equipment, the plaintiffs’ bar has extracted hundreds...more

Brownstein Hyatt Farber Schreck

The Supreme Court Narrows the Scope of the TCPA

The Supreme Court unanimously ruled that the restriction in the Telephone Consumer Protection Act barring use of autodialers to make calls and text messages to cell phones does not apply to programmed lists of telephone...more

Jackson Lewis P.C.

Supreme Court Issues Monumental TCPA Decision

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In a decision certain to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, today the U.S. Supreme Court concluded narrowly that to qualify as an “automatic telephone dialing system”,...more

Eversheds Sutherland (US) LLP

Redial: 2020 TCPA Year-in-Review - Analysis of critical issues and trends in TCPA compliance and litigation

Supreme Court leaves TCPA intact; strikes down exception for government debt collection - The Telephone Consumer Protection Act (TCPA) remains in place, but the exception permitting robocalls for government debt...more

Faegre Drinker Biddle & Reath LLP

Seventh Circuit Reaffirms Gadelhak, Rejects Challenge to Narrow ATDS Definition

The Seventh Circuit last week affirmed its holding in Gadelhak v. AT&T Services, Inc., 950 F.3d 458 (7th Cir. 2020) that, to qualify as an “automatic telephone dialing system” (ATDS) under the TCPA, a device or calling system...more

ArentFox Schiff

Class Actions Quarterly Update: What You Need To Know About The TCPA Landscape This Election Season

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During this past political season, there’s no doubt that candidates and political groups were urging their supporters – and complete strangers – to get to the polls by sending an unprecedented amount of text messages. But...more

Womble Bond Dickinson

Supreme Court Hears Oral Argument on TCPA’s ATDS Definition

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On December 7, 2020 the Supreme Court heard oral argument in Facebook v. Duguid to address the circuit split over the interpretation of the statutory definition of automatic telephone dialing system (ATDS) under the TCPA. The...more

Baker Donelson

The Supreme Court Answers a Call for Clarity Under the TCPA

Baker Donelson on

The 1991 Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, seems straightforward enough. Prerecorded calls to residences are prohibited, as are calls made using an "automatic telephone dialing system" to cell phones,...more

Troutman Pepper

Kansas TCPA Ruling May Determine ATDS Cases in 10th Circuit

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Recently, the District Court of Kansas analyzed the definition of an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) in Hampton v. Barclays Bank Del. The Court concluded the...more

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