News & Analysis as of

Random or Sequential Number Generator Data Storage ATDS

Troutman Pepper

Post-Facebook v. Duguid: Lower Courts Speak (UPDATED)

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The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid, 141 S. Ct. 1163 (2021), answered in the affirmative a question that had divided courts for years: Did the Telephone Consumer Protection Act’s (TCPA)...more

Troutman Pepper

4 Ways Courts Are Approaching High Court’s TCPA Ruling

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The U.S. Supreme Court’s long-awaited decision in Facebook v. Duguid answered in the affirmative a question that had divided courts for years: Did the Telephone Consumer Protection Act’s definition of automatic telephone...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

Fox Rothschild LLP

Supreme Court Limits Reach Of Robocall Law in Facebook Case

Fox Rothschild LLP on

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

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

Lowenstein Sandler LLP

Supreme Court Sharply Cuts Back TCPA Liability

Today, the United States Supreme Court resolved a circuit split regarding what constitutes an “autodialer” under the Telephone Consumer Protection Act (TCPA). In a blow to the plaintiffs’ bar, the Supreme Court ruled in favor...more

Locke Lord LLP

Supreme Court Adopts Narrow Definition of TCPA Automatic Telephone Dialing System

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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

K&L Gates LLP

It's No Joke: In 1 April 2021 Decision, Supreme Court Significantly Limits Definition of "ATDS" Under the TCPA

K&L Gates LLP on

On 1 April 2021, the United States Supreme Court answered the question of what type of dialing equipment qualifies as an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA), finally...more

Stoel Rives - Global Privacy & Security Blog®

The Only Bi-Partisan Show in D.C.: The U.S. Supreme Court Issues a Decisive Opinion Concerning TCPA Liability in Facebook, Inc. v....

In a widely anticipated ruling, the U.S. Supreme Court today ruled that just because a business has calling technology that has the capacity to store and dial multiple numbers – such as a cell phone — does not automatically...more

Wyrick Robbins Yates & Ponton LLP

CUL8R TCPA: SCOTUS Delivers a BFD Opinion in TXT MSG Litigation Landscape

In a unanimous decision we sincerely hope was not a cruel April Fool’s Day gag, yesterday the United States Supreme Court ruled in favor of Facebook in a high-profile TCPA class action, drastically narrowing the definition of...more

Burr & Forman

New York District Court Stays Putative TCPA Class Action Pending Outcome of Facebook v. Duguid

Burr & Forman on

Elzen v. Global Strategy Group, LLC, et al., No. 20-cv-3541 (JPO), 2021 WL 185328 (S.D.N.Y. Jan. 19, 2021) - Plaintiff filed a putative class action, claiming Defendants violated the Telephone Consumer Protection Act, 47...more

Rumberger | Kirk

Hope Rests with Supreme Court to Clarify How TCPA Applies to Current Tech

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In Facebook v. Duguid, the U.S. Supreme Court will clarify if the decades-old Telephone Consumer Protection Act applies to newer technology like the smartphone, which could not have been contemplated by Congress in 1991....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

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

Kelley Drye & Warren LLP

Supreme Court Hears Oral Argument Over the TCPA’s Definition of an Autodialer

Kelley Drye & Warren LLP on

For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is...more

Polsinelli

Supreme Court Hears Oral Argument In Highly Anticipated Case Addressing The Reach Of The Telephone Consumer Protection Act

Polsinelli on

Yesterday, the U.S. Supreme Court heard oral argument in Facebook v. Duguid—a significant case potentially limiting the reach of the Telephone Consumer Protection Act (“TCPA”). Facebook will resolve a circuit split over what...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

Morgan Lewis on

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

Hogan Lovells on

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

Womble Bond Dickinson on

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

Neal, Gerber & Eisenberg LLP

Circuit Split on Definition of “Autodialer” Under the TCPA Leaves Companies at Risk (UPDATED)

UPDATE: On July 9, 2020, the Supreme Court granted a petition for certiorari from Facebook Inc., setting the court up to settle the circuit split over what constitutes an autodialer. ...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

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