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On April 1, 2021, the United States Supreme Court ( Supreme
Court ) unanimously reversed the Ninth Circuit Court of
Appeals decision in
v.
Duguid and held that for a device to constitute an Automatic Telephone Dialing System ( ATDS )
within the meaning of the Telephone Consumer Protection Act of 1991
( TCPA ), that device must have the capacity to use a
random or sequential number generator to either store or produce
phone numbers to be called. The TCPA prohibits making calls or
sending text messages (other than a call made for emergency
A Beginner s Guide To TCPA Litigation Defense - Consumer Protection mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
Monday, April 5, 2021
On April 1, 2021, the U.S. Supreme Court in the class action case of
Facebook, Inc. v. Duguid, No. 19-511, resolved a circuit court split on the meaning of automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (“TCPA”) by unanimously reversing the Ninth Circuit’s broad definition and narrowly interpreting ATDS. Bringing much needed clarity the Federal Communications Commission has not been able to provide to date, the Supreme Court held that to qualify as ATDS “a device must have the capacity to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.” This ruling significantly narrows liability, including class action liability, under the TCPA.
The U.S. Supreme Court has unanimously decided that the Telephone Consumer Protection Act (TCPA) covers only random-fired calls and texts to cellphones from an automatic telephone dialing system.
U S Supreme Court April opinions einnews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from einnews.com Daily Mail and Mail on Sunday newspapers.