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The Post-Facebook TCPA Landscape: How the Supreme Court s Opinion on the Definition of ATDS Has Changed Legal Risk for Companies That Text or Call Consumers | Buchalter

To embed, copy and paste the code into your website or blog: The Telephone Consumer Protection Act has for over a decade been a source of significant legal risk for any business that communicates with consumers by phone or text.  The TCPA prohibits making calls without consent to cell phones using an “Automatic Telephone Dialing System” (“ATDS”), and contains a private right of action that provides for statutory damages of $500 up to $1,500 per offending call or text.  Importantly, broad interpretations by courts and the FCC of what constitutes an ATDS at some points so broad as to encompass everyday smartphones sparked a conflagration of class actions against businesses across numerous industry sectors including financial services, retail, energy, and healthcare.

Supreme Court Accepts Narrow Definition of Autodialer, Limiting Reach of TCPA | King & Spalding

Supreme Court Accepts Narrow Definition of Autodialer, Limiting Reach of TCPA | King & Spalding
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Supreme Court Issues Huge Decision In Facebook TCPA Law Case - Consumer Protection

To print this article, all you need is to be registered or login on Mondaq.com. 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

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