Facebook, Inc. v. Duguid, et. al., No. 19-511, 2021 WL 1215717 (S.Ct. April 1, 2021)
On April 1, 2021, the United States Supreme Court released its much anticipated decision addressing the definition the phrase “Automatic Telephone Dialing System” (“ATDS”) used in the Telephone Consumer Protection Act, 47 U.S.C. § 227 (“TCPA”). At issue in the underlying case was whether technology used to send a text message constituted an ATDS. Writing for the Court, Justice Sotomayor, joined by Justices, Roberts, Thomas, Breyer, Kagan, Gorsuch, Kavanaugh and Barrett, wasted no ...
Both the House and Senate have proposed legislation that could have profound implications on TCPA litigation. The companion legislation introduced by Democratic Congressman Frank Pallone, Jr. and Senator Ed Markey entitled "Stopping Bad Robocalls Act" seeks to, among other things:
- Defines a "Robocall": As a call or text using equipment that makes a series of calls to stored telephone numbers, including numbers stored on a list, or to telephone numbers produced using a random or sequential number generator, except for calls made using only equipment that the caller demonstrates ...