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Supreme Court Decisions

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.

Consent Buyers: Masterclass Series 3 Rewind

Last week, we held our third episode in our Consent Masterclass Series. This time we covered the topic of consent with regards to purchasing leads with put expert panel including Puja Amin of LoanDepot, Eric J. Troutman of Squire Patton Boggs, and Daniel Delnero of Squire Patton Boggs.

District Court Cites SCOTUS’s Facebook Ruling in Cannabis Dispensary TCPA Lawsuit

It took less than a week for a District Court to cite the Supreme Court’s ruling in Facebook v. Duguid. In Montanez v. Future Vision Brain Bank, a Colorado court mentions the landmark SCOTUS ruling in Telephone Consumer Protection Act (TCPA) case against a cannabis dispensary. However, the court did not cite Facebook in order to dismiss the case—at least, not yet.

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.