TCPA Litigation And Compliance After Facebook Ruling

By Maura Monaghan, Jacob Stahl and Harold Williford (April 13, 2021, 6:02 PM EDT) -- In a decision that has the potential to significantly shift the landscape of litigation under the Telephone Consumer Protection Act, the U.S. Supreme Court in Facebook Inc. v. Duguid unanimously rejected a broad definition of a key term in the statute.

The TCPA prohibits, among other things, calls made using an automatic telephone dialing system, or ATDS, under circumstances enumerated in the statute, such as calls made to cellular telephone numbers without the prior express consent of the called party.

In recent years, TCPA class action litigation has become a multibillion dollar industry. Plaintiffs frequently bring TCPA suits against a wide...

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