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Supreme Court Decisions

Ninth Circuit Rules That TCPA ATDS Restrictions Apply Only to Devices That Randomly Generate Phone Numbers

The process of Circuit Courts interpreting and applying the Supreme Court’s automatic telephone dialing system (ATDS) definition from the Facebook v. Duguid decision reached another milestone when the notorious Ninth Circuit ruled in Borden v. Efinancial, LLC that the Telephone Consumer Protection Act’s (TCPA) ATDS restrictions should only apply to devices that “generate and dial random or sequential telephone numbers”.

State and Federal Enforcement Actions Present Unique Challenges for Marketers

On August 2, the attorneys general from all 50 states announced the creation of an Anti-Robocall Litigation Task Force. The purpose of this task force is "to investigate and take legal action against the telecommunications companies responsible for bringing a majority of foreign robocalls into the United States." This represents an escalation in the ongoing trend of state and federal regulators—often working together—directly enforcing telemarketing regulations rather than merely leaving things to private plaintiffs in lawsuits and class actions. These regulatory enforcement efforts present particular challenges for law-abiding callers.

Third Circuit Ruling Involves Expansive Autodialer Definition

The Third Circuit Court of Appeals handed down an unusual ruling in a Telephone Consumer Protection Act (TCPA) class action that managed to set conflicting precedents on autodialer claims. Ultimately, the court ruled in favor of the defendant in Panzarella v. Navient Solutions, Inc. but the specifics of the ruling could prove influential on future litigation.

Webinar Recap: Facebook: 1 Year Later

Last week we held a webinar, Facebook: 1 Year Later, in which our guests, Eric J. Troutman from TCPAWorld and Squire Patton Boggs and Aaron S. Weiss from Carlton Fields, discussed the implications of the Supreme Court’s decision in Facebook v. Duguid on its first anniversary. Led by Contact Center Compliance’s Director of Compliance Services, Arvell Craig, our panel went through the background of the case and thoroughly dissected how the ruling has been interpreted in lower court decisions over the past year.

30 Years of the TCPA

Today is the 30 year anniversary of President George H.W. Bush signing the Telephone Consumer Protection Act (TCPA) into law. It is fitting that this anniversary is somewhat overlooked as, for the first two decades of its existence, the TCPA served its intended, modest purpose as a statute allowing individual consumers to bring lawsuits in small claims court.