News & Analysis as of

Do Not Call List Robocalling Facebook Inc v Duguid

Klein Moynihan Turco LLP

1:1 Consent Rule Vacated. What’s Next?

Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission’s (“FCC”) 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent...more

Klein Moynihan Turco LLP

Are Law Firms Susceptible to TCPA ATDS Claims?

On September 25, 2024, 1-800-LAW-FIRM, PLLC (“Defendant”) was sued in the United States District Court for the Eastern District of Michigan for allegedly violating the automatic telephone dialing system (“ATDS”) and National...more

Eversheds Sutherland (US) LLP

Second Circuit adheres to narrow definition of ATDS

On May 10, 2024, the Second Circuit held in Soliman v. Subway Franchisee Advertising Fund Trust Ltd., No. 22-1726 (2d Cir. May 10, 2024), that a device that selects and dials numbers from a stored list does not constitute an...more

Troutman Pepper Locke

Pa. Autodialer Decision Has Turned TCPA Tides in 3rd Circ.

Troutman Pepper Locke on

The U.S. Supreme Court's 2021 decision in Facebook Inc. v. Duguid resolved a long-standing circuit split over the definition of an automatic telephone dialing system, or ATDS, under the Telephone Consumer Protection Act. ...more

Troutman Pepper Locke

Pennsylvania Federal Court Declines to Dismiss Case Involving Political Message Allowing TCPA Claim Based on Prerecorded Message...

Troutman Pepper Locke on

In Perrong v. Bradford et al, the plaintiff alleged that the defendant, an elected official, violated the Telephone Consumer Protection Act (TCPA) by calling his residential phone using a prerecorded message and an automatic...more

Cozen O'Connor

Ninth Circuit Confirms: Text Messages Are NOT “Prerecorded Voice Messages” Under TCPA

Cozen O'Connor on

On August 8, 2023, the Ninth Circuit Court of Appeals issued a substantial win for Telephone Consumer Protection Act (TCPA) defendants in a case of first impression styled Trim v. Reward Zone. In the aftermath of Facebook,...more

Venable LLP

North Carolina Judge Says Cell Phones Not Subject to Federal Do-Not-Call Protections

Venable LLP on

Last week, a magistrate judge in U.S. District Court for the Western District of North Carolina dismissed a Telephone Consumer Protection Act (TCPA) lawsuit brought by a plaintiff who claimed calls made by an insurance lead...more

Faegre Drinker Biddle & Reath LLP

Does Unused “Capacity” Make a Dialer an ATDS? District Court Says “No” in Ruling on Pleading Requirements After Facebook

Three months after the Supreme Court’s landmark Facebook ruling, a growing number of trial courts have grappled with interpreting and applying the High Court’s directive. One of the more interesting decisions came out of the...more

Buchalter

Buchalter TCPA Digest: More ATDS Cases Slip Past Pleading Stage, Plaintiffs Keep Trying to Leverage Facebook’s FN7, and Florida...

Buchalter on

The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting....more

Goodwin

Florida Tightens Telemarketing Restrictions In Wake of Duguid Ruling

Goodwin on

Restrictions on telemarketing to Florida residents are about to get tighter. Just a few months ago, in Facebook, Inc. v. Duguid, 592 U.S. ___ (2021), the U.S. Supreme Court ruled that for the purposes of the Telephone...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...

Jackson Walker on

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

Womble Bond Dickinson

BREAKING: Supreme Court Agrees with Facebook that TCPA’s Autodialer Provision is Narrow

Womble Bond Dickinson on

In a potentially game-changing decision, the Supreme Court today unanimously agreed that the TCPA’s definition of autodialer is narrow. Writing for the Court, Justice Sotomayor determined that “Congress’ definition of an...more

Payne & Fears

Businesses Receive Clarity on What Automated Calls and Texts Violate the TCPA

Payne & Fears on

The Supreme Court’s Facebook, Inc. v. Duguid decision finally settled the confusion over what equipment constitutes an automatic telephone dialing system (a robodialer) that can violate the Telephone Consumer Protection Act...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

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