Post-Facebook TCPA Litigation Update
It has been three months since the Supreme Court’s monumental ruling in Facebook v. Duguid.
Supreme Court Decisions
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.
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.
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.
Text Marketing: Masterclass Series Part 2 Rewind
On April 7, Contact Center Compliance hosted the second session in our ongoing Masterclass series. This session focused on consent and text message marketing, with a notable influence from the recent, significant Supreme Court ruling in Facebook v. Duguid.
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.
SCOTUS Ruling in Facebook v. Duguid Adopts Narrow ATDS Definition
This morning, the Supreme Court handed down their highly anticipated ruling in Facebook v. Duguid. Upending Telephone Consumer Protection Act (TCPA) enforcement as we know it, the court finally set a nationwide precedent for how to interpret the law’s definition of automatic telephone dialing system (ATDS).
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.