News & Analysis as of

Facebook Inc v Duguid Telephone Consumer Protection Act Statutory Interpretation

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

Proskauer - Advertising Law

Supreme Court “Unfriends” Ninth Circuit Decision Applying TCPA to Facebook

In a unanimous decision, the Supreme Court today held that Facebook’s “login notification” text messages (sent to users when an attempt is made to access their Facebook account from an unknown device or browser) did not...more

Hudson Cook, LLP

U.S. Supreme Court Hears Oral Argument in the TCPA "Autodialer" Case

Hudson Cook, LLP on

On December 8, 2020, the U.S. Supreme Court heard oral arguments in Facebook, Inc. v. Duguid, a case that should establish a nationwide standard for the "autodialer" definition adopted by the Telephone Consumer Protection Act...more

Goodwin

Supreme Court Debates Grammar, Syntax In Case That Will Define the Limits of TCPA Litigation

Goodwin on

On December 8, 2020, the United States Supreme Court held oral argument in the case of Facebook, Inc. v. Duguid, No. 19-511, concerning the circuit split over what type of equipment qualifies as an “automatic telephone...more

Womble Bond Dickinson

Supreme Court Hears Oral Argument on TCPA’s ATDS Definition

Womble Bond Dickinson on

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

Troutman Pepper on

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

Womble Bond Dickinson

Facebook and the United States Submit Briefs in Facebook, Inc. v. Duguid

Womble Bond Dickinson on

The Supreme Court’s decision to grant certiorari in Facebook, Inc. v. Duguid has been in the forefront of the TCPA world since July when news of the decision hit. With this granting of certiorari comes the promise to resolve...more

Proskauer - Minding Your Business

Sixth Circuit Tips the Scale in Split Over What Constitutes an Autodialer Under the TCPA

The Sixth Circuit has joined the Second and Ninth Circuits in their broad interpretation of the Telephone Consumer Protection Act’s (TCPA) autodialer provision. In doing so, it has tipped the scale in a circuit split that is...more

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