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Text Messages Facebook Inc v Duguid Random or Sequential Number Generator

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

Womble Bond Dickinson

Second Circuit Finds Text Messages Selected and Sent From a List Using Alleged “SMS Blaster” Not Subject to TCPA Autodialer...

Womble Bond Dickinson on

Aligning itself with three other federal appellate courts, the Second Circuit recently made clear in Soliman v. Subway Franchisee Adver. Fund Trust, Ltd., No. 22-1726-cv, 2024 U.S. App. LEXIS 11417 (2d Cir. May 10, 2024),...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

Goodwin

Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers...

Goodwin on

On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system (ATDS)...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

Eighth Circuit Finds That System That Sends Texts to Stored Numbers is Not an ATDS, Rejects Plaintiffs’ Interpretation of Footnote...

Last week, the Eighth Circuit affirmed a finding that a dialing system does not qualify as an ATDS if it randomly selects numbers from a stored list. See Beal v. Truman Road Dev. (8th Cir. Mar. 24, 2022)...more

Wyrick Robbins Yates & Ponton LLP

The Aftermath of Facebook v. Duguid: Trends and Practical Tips

As we discussed in a post last year the Supreme Court issued a landmark decision in the Spring of 2021, on the TCPA’s definition of an “automatic telephone dialing system.” In that decision, called Facebook v. Duguid, the...more

ArentFox Schiff

Unanimous Supreme Court Decision Narrows the Scope of the TCPA

ArentFox Schiff on

An April Supreme Court ruling significantly reduced the scope of communications platforms that could be considered autodialers subject to the Telephone Consumer Protection Act (TCPA). The decision in Facebook, Inc. v....more

Womble Bond Dickinson

Company Using Predictive Dialer Prevails in Post-Facebook Decision

Womble Bond Dickinson on

A federal court out of Nebraska recently issued a decision providing a decisive post-Facebook v. Duguid victory for a company using a predictive dialer. In Grome v. USAA Savings Bank, No. 4:19-CV-3080, 2021 WL 3883713 (D....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

Foley & Lardner LLP

Florida Telemarketing Alert: Florida Likely Has Adopted Strict Rules on Marketing Phone Calls, Text Messages, and Voicemails

Foley & Lardner LLP on

On April 28, 2021, both houses of the Florida legislature unanimously voted to amend Florida’s Telemarketing Act with CS/SB 1120 (the “Act”). The Act was presented to Florida Governor Ron Desantis on June 28, and approved by...more

Carlton Fields

CF on Cyber: An Update on the Changes to the Florida Telemarketing Act

Carlton Fields on

On June 29, Gov. Ron DeSantis signed into law a bill enacting substantial changes to the Florida Telemarketing Act, which are effective July 1, 2021. In this podcast, Carlton Fields shareholders Aaron Weiss and Charles...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

King & Spalding

Supreme Court Limits the Reach of the TCPA by Narrowing the Definition of “Autodialer”

King & Spalding on

On April 1, 2021, in Facebook, Inc. v. Duguid, the Supreme Court clarified what constitutes an “automatic telephone dialing system”—commonly referred to as an “autodialer”—under the Telephone Consumer Protection Act (“TCPA”)....more

Hudson Cook, LLP

[Webinar] Compliance Coffee Break: The Facebook, Inc. v. Duguid Supreme Court decision - What it means for TCPA private actions...

Hudson Cook, LLP on

On April 1, 2021, the U.S. Supreme Court announced its decision in Facebook, Inc. v. Duguid, adopting a narrow "autodialer" standard under the Telephone Consumer Protection Act (TCPA). In siding with Facebook, the Supreme...more

Bradley Arant Boult Cummings LLP

The Tide Has Turned in TCPA Litigation: The Supreme Court Unanimously Adopts Narrow Definition of “Autodialer” in Landmark...

In a landmark decision released this morning, the U.S. Supreme Court finally answered the question that has been at the heart of Telephone Consumer Protection Act (TCPA) litigation for decades – what constitutes an...more

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