On April 1, 2021, the U.S. Supreme Court announced its decision in Facebook, Inc. v. Duguid, adopting the narrow "autodialer" standard under the Telephone Consumer Protection Act that Facebook favored. The unanimous opinion...more
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
4/16/2021
/ ATDS ,
Auto-Dialed Calls ,
Facebook ,
Facebook Inc v Duguid ,
Financial Institutions ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
TCPA ,
Text Messages ,
Webinars
On December 8, 2020, the U.S. Supreme Court heard oral arguments in Facebook, Inc. v. Duguid, a case that should establish a nationwide standard for the "autodialer" definition adopted by the Telephone Consumer Protection Act...more
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
8/5/2020
/ ATDS ,
Auto-Dialed Calls ,
Barr v American Association of Political Consultants Inc ,
Certiorari ,
Constitutional Challenges ,
Data Storage ,
Facebook ,
Facebook Inc v Duguid ,
FCC ,
Free Speech ,
Petition for Writ of Certiorari ,
Prior Express Consent ,
Private Right of Action ,
SCOTUS ,
Split of Authority ,
Statutory Damages ,
TCPA ,
Text Messages
Dealers and automotive sales finance companies must proceed with caution when considering using ringless voicemail services to reach leads and current customers. The few courts that have considered the application of the...more
12/16/2019
/ Advertising ,
Automotive Industry ,
Car Dealerships ,
Email ,
Prior Express Consent ,
Ringless Voice Messages ,
Risk Assessment ,
Risk Mitigation ,
TCPA ,
Telemarketing ,
Voicemail
Congress enacted the Telephone Consumer Protection Act in 1992 to regulate how people communicate by phone and fax. The TCPA gave the Federal Communications Commission regulatory authority to issue rules expanding on the...more
7/3/2019
/ Administrative Orders ,
Appellate Courts ,
Exclusive Jurisdiction ,
FCC ,
Hobbs Act ,
Interpretive Rule ,
Judicial Review ,
PDR Network LLC v Carlton & Harris Chiropractic Inc ,
Remand ,
Reversal ,
SCOTUS ,
TCPA ,
Unsolicited Advertisements ,
Unsolicited Faxes
The Telephone Consumer Protection Act is notorious. It establishes rigorous consent standards to use an autodialer or a prerecorded message. It gives consumers a private right of action. It imposes ruinous statutory damages....more