News & Analysis as of

Petition for Writ of Certiorari Auto-Dialed Calls Supreme Court of the United States

Troutman Pepper

July 2023 Class Action Blog Summary

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What are the most significant judicial decisions affecting class action litigation, and how might they impact your business?...more

Faegre Drinker Biddle & Reath LLP

Supreme Court Asked to Review Retroactivity of Barr v. AAPC

The retroactivity of the Supreme Court’s decision in Barr v. AAPC is back before the Supreme Court to decide—if, that is, it grants the petition for certiorari that was just filed by the Defendant in Lindenbaum v. Realgy....more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Rules for Facebook in Much-Anticipated TCPA Ruling

Resolves Years of Ambiguity Over What Equipment Is Covered by the TCPA On April 1, 2021, the U.S. Supreme Court issued its opinion in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to...more

Foley Hoag LLP - Security, Privacy and the...

Supreme Court Considers Modern Applicability of TCPA's Robocall Ban in Duguid v. Facebook

On December 8, 2020, the Supreme Court heard oral argument in Duguid v. Facebook, a landmark case that will determine whether a consumer can sue a company for using automated technology to text or call that consumer at a...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Hears Argument over Frequently Litigated Provision of the TCPA

On December 8, 2020, the Supreme Court heard argument in Facebook, Inc. v. Duguid, a case addressing a split among federal circuit courts as to what constitutes an "automatic telephone dialing system"—often referred to as an...more

Troutman Pepper

Supreme Court Answers the Call on the Definition of an Autodialer

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The U.S. Supreme Court heard oral argument today in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as defined in the Telephone Consumer Protection Act (TCPA), requires a...more

Faegre Drinker Biddle & Reath LLP

Supreme Court to Hold Oral Argument via Teleconference in Facebook v. Duguid

December 8, 2020, the Supreme Court will hold oral argument via teleconference in Facebook v. Duguid, which concerns the proper interpretation of the TCPA’s definition of an “automatic telephone dialing system...more

Morgan Lewis

Facebook v. Duguid – US Supreme Court to Decide Crucial Issue Affecting TCPA Liability

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Facebook v. Duguid heads for oral argument before the US Supreme Court on December 8. The case is set to clarify one of the most confusing aspects of the Telephone Consumer Protection Act’s text affecting TCPA liability...more

Faegre Drinker Biddle & Reath LLP

Supreme Court To Hear Facebook ATDS Argument on December 8th

On September 16, the U.S. Supreme Court announced that it will conduct a telephonic oral argument for the Facebook, Inc. v. Duguid matter on December 8, 2020. As regular readers of our blog know, the Supreme Court granted...more

Hogan Lovells

U.S. Government urges Supreme Court to adopt reasonable interpretation of ATDS in TCPA case

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The Supreme Court recently granted certiorari in Facebook, Inc. v. Duguid to resolve a deepening circuit split on the question of what qualifies as an automatic telephone dialing system (ATDS or autodialer) under the...more

Troutman Pepper

TCPA: U.S. Government Advocates for Strict Reading of the Statute, ATDS Should Include Random or Sequential Generation Requirement

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The Acting Solicitor General submitted an amicus brief in Facebook v. Duguid on September 4, urging the Supreme Court to find that telephony must randomly or sequentially generate telephone numbers, then dial those numbers in...more

Womble Bond Dickinson

Sixth Circuit follows Second and Ninth Circuits in finding that an ATDS Encompasses Calls Dialed from a List

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Twenty days after the Supreme Court granted petition for writ of certiorari in Facebook v. Duguid to review the question of what constitutes an ATDS under the TCPA, the Sixth Circuit issued its own opinion addressing this...more

Hudson Cook, LLP

U.S. Supreme Court to Address Major TCPA Issue Next Term, Resolving Circuit Split on Autodialer Standard

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Summer in Washington, D.C., is usually a quiet time. D.C.'s summer of 2020 has been anything but quiet, to put it mildly. While there are several existential pulls on our attention this season, we should still take a moment...more

WilmerHale

SCOTUS Accepts Review of TCPA "Autodialer" Question

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The U.S. Supreme Court has agreed to wade into the Telephone Consumer Protection Act (“TCPA”) fray again - this time over what qualifies as an autodialer under the TCPA. On July 9, 2020, the Supreme Court granted writ of...more

BCLP

SCOTUS Upholds TCPA but Strikes Government Debt Collection Exception

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The Telephone Consumer Protection Act ("TCPA") has been the subject of significant class and consumer litigation risk exposure for many industries, including financial institutions. In a July 6 ruling, the United States...more

Manatt, Phelps & Phillips, LLP

Special Alert: SCOTUS To Review Scope of TCPA Automatic Telephone Dialing System Definition

On Thursday, July 9, 2020, the Supreme Court granted the petition for certiorari in Facebook, Inc v. Duguid, regarding the definition of an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act...more

Womble Bond Dickinson

Supreme Court Will Review ATDS Definition

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In a decision that may have profound importance for TCPA litigation, the Supreme Court announced yesterday that it had granted the petition for writ of certiorari in the case Facebook v. Duguid, where the Court will review...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court to Address Circuit Split on Definition of ATDS Under The TCPA

On July 9, 2020, the U.S. Supreme Court granted certiorari in Facebook, Inc. v. Duguid, to resolve a split in authority on the meaning of Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act...more

McGuireWoods LLP

SCOTUS to Resolve Autodialer Circuit Split

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The meaning of “automatic telephone dialing system” (ATDS or “autodialer”) under the Telephone Consumer Protection Act (TCPA) has sharply divided courts, but businesses will soon have clarity. The U.S. Supreme Court on July...more

Kelley Drye & Warren LLP

Supreme Court to Weigh-in on the Defenition of an Autodialer Under TCPA

On July 9, 2020, the Supreme Court granted Facebook’s petition for certiorari in a case with potentially broad implications for both class action litigation and business communications with their current and potential...more

Troutman Pepper

Breaking: Supreme Court to Weigh in on TCPA’s Autodialer Definition

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On July 9th, the Supreme Court granted certiorari in Duguid v. Facebook to decide, once and for all, whether an automatic telephone dialing system (ATDS), as the Telephone Consumer Protection Act (TCPA) defines the phrase,...more

Ballard Spahr LLP

SCOTUS Agrees To Decide When A Device Is An Autodialer Under The TCPA

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Days after missing the opportunity in Barr v. American Association of Political Consultants to limit the improper impact of the Telephone Consumer Protection Act on legitimate businesses, the U.S. Supreme Court has agreed to...more

Womble Bond Dickinson

Supreme Court Strikes Down Government-Backed Debt Exception; TCPA Stands

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Earlier today the Supreme Court released its decision in Barr v. Political Consultants, a case which attempted to end the TCPA as we know it.  Instead, the Court struck down a narrow exception to the TCPA, known as the...more

Eversheds Sutherland (US) LLP

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 collection has fallen, in a decision by the US Supreme Court addressing the constitutionality of the...more

Seyfarth Shaw LLP

To Sever or Not to Sever: Supreme Court Grapples With Political Consultants’ First Amendment TCPA Challenge

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Seyfarth Synopsis: On May 6, 2020, the Supreme Court heard oral arguments on a First Amendment challenge to a 2015 amendment to the TCPA, which exempted calls regarding debts owed to the government from certain of its...more

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