Post-Facebook TCPA Litigation Update
It has been three months since the Supreme Court’s monumental ruling in Facebook v. Duguid.
Summer Compliance News Roundup
2021 has already been an eventful year for compliance.
District Court Rules that Predictive Dialer is Not an ATDS
A District Court in South Carolina has issued a ruling in a Telephone Consumer Protection Act (TCPA) lawsuit that addresses one of the most important uncertainties in the wake of the Supreme Court’s decision in Facebook v. Duguid. At issue is whether or not predictive dialers fit within the narrow definition of an automatic telephone dialing system (ATDS) that SCOTUS adopted in its momentous decision two months ago.
TCPA Litigation After Facebook v. Duguid
April began with the Supreme Court’s bombshell ruling in Facebook v. Duguid. At the close of the month, let’s examine the fallout of that decision.
National Republican Senatorial Committee Faces TCPA Lawsuit
A wide variety of different kinds of political campaigns have been the recipients of Telephone Consumer Protection Act (TCPA) lawsuits.
TCPA Violations: What Constitutes Harm?
The Telephone Consumer Protection Act (TCPA) was signed into law in 1991. For perspective, that’s one year before the invention of SMS text messaging. Yet, this thirty-year-old piece of legislation remains the centerpiece of federal telemarketing regulation deep into the smartphone era. As a result, a significant portion of the responsibility for the evolution and clarification of regulatory efforts has been carried out through court opinion.
Many Courts Granting Stays in TCPA Cases Pending SCOTUS Decision in Facebook v. Duguid
Following December’s oral arguments, the entire telemarketing industry is awaiting the Supreme Court’s decision in Facebook v. Duguid. Apparently, many lower courts that hear Telephone Consumer Protection Act (TCPA) cases are doing so, as well.
What Is a Robocall?
The practical consequences of telemarketing regulation and the outcomes of telemarketing litigation often turn on how key terminology in regulatory legislation and rules is interpreted. As seen with the ongoing debate over how to interpret the Telephone Consumer Protection Act’s (TCPA) definition of “automatic telephone dialing system (ATDS),” this can be an issue even with terms that are explicitly defined in federal statutes. For a term such as “robocall” that lacks a clear definition, this can be significantly more complicated.
Recent TCPA Cases Demonstrate Risk of Personal Liability for Corporate Officers
One of the more harrowing particularities of litigation of telemarketing regulations is the fact that corporate officers can occasionally be found personal liable for violations by their employees. Two recent cases provide evidence of this sort of risk.
Middle District of Florida Court Splits on Question of Constitutionality of TCPA Between 2015 and 2020
On Friday, two district court judges within the same district delivered rulings in Telephone Consumer Protection Act (TCPA) lawsuits that created a jurisdictional split on the constitutionality of the TCPA between November 2015 and June 2020.