We are now nearly one year PF - post-Facebook, the seminal decision that effectively shut down the central avenue used by Plaintiffs’ lawyers to assert liability under the Telephone Consumer Protection Act. So where is the...more
It is official: effective July 1, 2021, Florida is set to amend its existing telemarketing laws to add significant teeth, via SB 1120. The statutory amendments of SB 1120 greatly expand liability for marketing calls and text...more
6/30/2021
/ Amended Legislation ,
Auto-Dialed Calls ,
Facebook ,
Facebook Inc v Duguid ,
Governor DeSantis ,
Marketing ,
Prior Express Consent ,
Private Right of Action ,
TCPA ,
Telemarketing ,
Text Messages
Litigants spent years fighting over the definition of an Automatic Telephone Dialing System (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”). That fight culminated in this year’s big ATDS defense win in the...more
On April 1, 2021, the Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved a deep circuit split with respect to the boundaries of TCPA liability. In its holding, the court unanimously adopted a...more