9th Circ. Revives TCPA Suit Over Facebook Hack-Alert Texts

Law360 (June 13, 2019, 11:04 PM EDT) -- The Ninth Circuit on Thursday resurrected a putative class action accusing Facebook of blasting consumers with texts that violated the Telephone Consumer Protection Act, ruling the lead plaintiff had adequately alleged an autodialer had been used, while becoming the second appellate court to strike down a TCPA exemption as unconstitutional.

In a unanimous published decision, a three-judge panel overturned the dismissal of Noah Duguid's amended complaint alleging Facebook spammed cellphones with security notification text messages, which the lower court axed on the grounds he had failed to show Facebook had sent the unwanted texts using an automatic telephone dialing system, or ATDS, in violation...

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