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Telephone Consumer Protection Act Facebook Inc v Duguid Facebook

The Telephone Consumer Protection Act is a United States federal statute enacted in 1991 to protect consumers from unsolicited telephone marketing calls.  
Goodwin

2024 Year in Review: Telephone Consumer Protection Act

Goodwin on

Welcome to the “Telephone Consumer Protection Act” chapter of our annual report, Consumer Financial Services: 2024 Year in Review. Companies were mere hours away from implementing radical changes to lead forms and consent...more

Klein Moynihan Turco LLP

Third Circuit Clarifies TCPA ATDS Liability

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

Goodwin

2023 Year in Review: Telephone Consumer Protection Act

Goodwin on

Welcome to the Telephone Consumer Protection Act chapter of our annual report Consumer Financial Services 2023 Year in Review. Looking Ahead to 2024 - States will continue to enact or update their mini-TCPA and...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

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

Goodwin

Mini-TCPA Laws You Should Know and That May Be Coming Soon in 2023

Goodwin on

In April 2021, the US Supreme Court issued its decision in Facebook v. Duguid narrowly construing the Telephone Consumer Protection Act’s (TCPA) “automatic telephone dialing system” definition. In so doing, the Supreme Court...more

Eversheds Sutherland (US) LLP

Newly enacted state mini-TCPAs expand the definition of auto-dialer

In early 2021, the United States Supreme Court issued its ruling in Facebook v. Duguid, 141 S. Ct. 1163 (2021), which significantly narrowed the definition of an automatic telephone dialing system (ATDS or auto-dialer) under...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

Moore & Van Allen PLLC

“Simply Beyond the Bounds of Common Sense”

Moore & Van Allen PLLC on

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

Troutman Pepper Locke

4 Ways Courts Are Approaching High Court’s TCPA Ruling

Troutman Pepper Locke on

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

Faegre Drinker Biddle & Reath LLP

District Courts Find ATDS Allegations Implausible Following Facebook

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

Troutman Pepper Locke

Post-Facebook v. Duguid: Lower Courts Speak

Troutman Pepper Locke on

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

Plaintiffs Alleging Use of Predictive Dialer Defeat Motion to Dismiss TCPA Class Action

Womble Bond Dickinson on

A federal district court in Illinois recently denied an insurance provider’s motion to dismiss a TCPA class action complaint, finding that the alleged use of a predictive dialer was sufficient at the pleading stage. In...more

Faegre Drinker Biddle & Reath LLP

Does Unused “Capacity” Make a Dialer an ATDS? District Court Says “No” in Ruling on Pleading Requirements After Facebook

Three months after the Supreme Court’s landmark Facebook ruling, a growing number of trial courts have grappled with interpreting and applying the High Court’s directive. One of the more interesting decisions came out of the...more

Buchalter

Buchalter TCPA Digest: More ATDS Cases Slip Past Pleading Stage, Plaintiffs Keep Trying to Leverage Facebook’s FN7, and Florida...

Buchalter on

The TCPA and other related regulations over telemarketing and “robocalling” continue to evolve at a quick pace, creating uncertainty and posing challenges for any business that contacts consumers through calling or texting....more

Hudson Cook, LLP

Facebook Decision Upends TCPA Litigation Landscape

Hudson Cook, LLP on

[co-author: Michael Daly] The Supreme Court’s decision was a victory for Facebook and any other business that routinely attempts to communicate with its consumers using stored lists of consumer numbers. The Supreme...more

Holland & Knight LLP

Florida's New Mini-TCPA: What You Need to Know

Holland & Knight LLP on

Florida's Senate Bill 1120 became effective on July 1, 2021, and has striking similarities to the federal Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227., et. seq. The statute, referred to as Florida's "Mini-TCPA,"...more

Benesch

Florida “Mini-TCPA” Signed Into Law, Impacts Autodialed Telemarketing Calls and Text Messages

Benesch on

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

Smith Debnam Narron Drake Saintsing & Myers,...

The Supreme Court Weighs in on the Telephone Consumer Protection Act

On April 1, 2021, the United States Supreme Court unanimously held that in order to qualify as an automated telephone dialing system under the Telephone Consumer Protection Act (the “TCPA”), a device must have the capacity...more

Farella Braun + Martel LLP

How to Comply With the TCPA After the Facebook Supreme Court Decision

Many consumer products industry companies rely heavily on text messaging marketing programs to reach their customers and to create loyalty in an increasingly competitive market. While text messaging programs may be an...more

Buchalter

The Post-Facebook TCPA Landscape: How the Supreme Court’s Opinion on the Definition of ATDS Has Changed Legal Risk for Companies...

Buchalter on

The Telephone Consumer Protection Act has for over a decade been a source of significant legal risk for any business that communicates with consumers by phone or text. The TCPA prohibits making calls without consent to cell...more

Farella Braun + Martel LLP

Complying With the TCPA After the Facebook Supreme Court Decision

Many cannabis dispensaries rely heavily on text messaging marketing programs to reach their customers and to create loyalty in an increasingly competitive market. While text messaging programs may be an effective marketing...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

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