News & Analysis as of

Supreme Court of the United States › Telephone Consumer Protection Act › Facebook Inc v Duguid

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Foley & Lardner LLP

The Intersection of AI, Digital Health, and the TCPA: What You Need to Know

Foley & Lardner LLP on

Artificial intelligence (AI) is widely transforming digital health, including by automating certain patient communications. However, as health care companies consider deploying AI-driven chatbots, texting platforms, and...more

Hinch Newman LLP

TCPA Quiet Hour Lawsuits Proliferate as FCC Considers the Legal Impact of Prior Consent

Hinch Newman LLP on

The Telephone Consumer Protection Act is a federal statute that governs various telemarketing practices. Following the U.S. Supreme Court decision in Facebook v. Duguid (narrowing the interpretation autodialer), the...more

WilmerHale

Year-in-Review: 2024 TCPA Litigation

WilmerHale on

The Telephone Consumer Protection Act is a major source of consumer privacy litigation against companies that engage in telemarketing. This past year, there was little change in the status quo of what constitutes an...more

McDermott Will & Emery

2024 Updates to State Mini-TCPA Laws

McDermott Will & Emery on

Since the Supreme Court of the United States issued its ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

Klein Moynihan Turco LLP

Third Circuit Clarifies TCPA ATDS Liability

Klein Moynihan Turco LLP on

On April 8, 2024, the Third Circuit Court of Appeals issued an opinion clarifying Telephone Consumer Protection Act (“TCPA”) Automatic Telephone Dialing System (“ATDS”) liability in the wake of the United States Supreme...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance News: Litigation Update — Second and Third Circuits Address Automatic Telephone Dialing Systems;...

Mintz - Technology, Communications & Media... on

In the rapidly evolving landscape of Telephone Consumer Protection Act (TCPA) litigation, recent court decisions continue to provide defendant-friendly clarity as to what technology and platforms constitute automatic...more

Eversheds Sutherland (US) LLP

Second Circuit adheres to narrow definition of ATDS

Eversheds Sutherland (US) LLP on

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

July 2023 Class Action Blog Summary

Troutman Pepper Locke on

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

Troutman Pepper Locke

Colorado Federal Court Declines to Dismiss TCPA Claim: Finds ATDS Plausibly Alleged Based on Reasoning in Facebook’s Footnote 7

Troutman Pepper Locke on

More than two years after the Supreme Court’s opinion in Facebook v. Duguid, courts and litigants continue to wrestle with the statutory definition of “automatic telephone dialing system” (ATDS) under the Telephone Consumer...more

McDermott Will & Emery

Special Report - State Mini-TCPA Laws Create Patchwork Quilt of Regulations for Automated Calls and Texts - July 2023

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Since the Supreme Court of the United States issued its 2021 ruling in Facebook v. Duguid, which narrowly interpreted the dialing technologies that are considered an automated telephone dialing system (ATDS) regulated by the...more

Troutman Pepper Locke

First Post-Facebook Appeal Makes Its Way to Supreme Court

Troutman Pepper Locke on

More than two years after the Supreme Court released its ruling in Facebook v. Duguid, confirming the meaning of automatic telephone dialing systems (ATDS) under the Telephone Consumer Protection Act (TCPA), a plaintiff has...more

Carlton Fields

How Fla. Amendment Changes the State's Mini-TCPA

Carlton Fields on

Last month, Gov. Ron DeSantis signed H.B. 761/S.B. 1308, a law that will amend the Florida Telephone Solicitation Act. Reports of the FTSA's death cannot be exaggerated. As I will discuss below, while there are some...more

ArentFox Schiff

FCC Provides Some Clarity On Healthcare Messages, Indirectly Confirms No Requirement To Use Free-To-The-End-User Texts

ArentFox Schiff on

On January 23, 2023 the Federal Communications Commission’s (FCC) Consumer and Governmental Affairs Bureau released a Declaratory Ruling addressing a request for clarification submitted by US Department of Health and Human...more

Moritt Hock & Hamroff LLP

Florida’s Mini-TCPA: What You Need To Know

Moritt Hock & Hamroff LLP on

Were you aware that just over a year ago, effective July 1, 2021, Florida enacted an amendment to its telemarketing laws (Fla. Stat. § 501, et. seq.), with striking similarities to the federal Telephone Consumer Protection...more

McDermott Will & Emery

Multiple Layers of TCPA Defense Remain Important after Duguid

McDermott Will & Emery on

The Supreme Court’s 2021 decision in Facebook v. Duguid changed the landscape of Telephone Consumer Protection Act (TCPA) litigation. For years prior, aggressive plaintiffs had stretched the TCPA’s antiquated language...more

Faegre Drinker Biddle & Reath LLP

Proposed Federal TCPA Legislation Offers a New and Narrow ATDS Definition

Faegre Drinker Biddle & Reath LLP on

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

Fox Rothschild LLP

New House Bill Threatens to Expand the TCPA to Regulate Text Messages

Fox Rothschild LLP on

Last week, six House Democrats introduced H.R. 8334, the Robotext Scam Prevention Act, which seeks to expand federal telemarketing laws to, among other things, expressly cover text messaging. ...more

Amundsen Davis LLC

Hold the Phones: State-level Telemarketing Laws In Effect

Amundsen Davis LLC on

Given the business disruptions caused by COVID-19, many companies welcomed the ease and minimal costs of using dialing and texting platforms to reach existing and new customers for marketing and sales. ...more

Troutman Pepper Locke

Recent Trends in TCPA Litigation - The Consumer Finance Podcast

Troutman Pepper Locke on

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

Faegre Drinker Biddle & Reath LLP

ATDS Status Turns on Capability of Dialing Equipment, Not Actual Use, Third Circuit Holds—But Liability Turns on Actual Use, Not...

Faegre Drinker Biddle & Reath LLP on

Last week, the U.S. Court of Appeals for the Third Circuit concluded that the TCPA’s definition of “automatic telephone dialing system” (or “ATDS”) includes all dialing equipment with the present ability to generate random or...more

Moore & Van Allen PLLC

“Simply Beyond the Bounds of Common Sense”

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California federal court rejects plaintiff’s attempt to circumvent Facebook In April 2021, the Supreme Court dealt a massive blow to Telephone Consumer Protection Act claims based on automatic telephone dialing systems...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

Faegre Drinker Biddle & Reath LLP

District Courts Find ATDS Allegations Implausible Following Facebook

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Courts in the Southern District of California and District of Arizona recently added to the line of decisions addressing ATDS pleading requirements in the wake of the Supreme Court’s landmark ruling in Facebook v. Duguid. ...more

Cozen O'Connor

Sixth Circuit Reverses District Court in TCPA Enforceability Challenge

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The Sixth Circuit recently issued a significant ruling in a closely watched TCPA proceeding. The Sixth Circuit ruled that the TCPA’s automated call provisions could be enforced against businesses in connection with calls...more

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