On April 1, 2021, the U.S. Supreme Court announced its decision in
Facebook, Inc. v. Duguid, adopting the narrow autodialer standard under the Telephone Consumer Protection Act that Facebook favored. The unanimous opinion establishes that equipment can be regulated as a TCPA autodialer only if it has the capacity either 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 decision rejects the broader, consumer-friendly interpretation that applied the TCPA autodialer definition to equipment that was capable of automatically dialing numbers from a stored list.
SGS North America Withdraws Petition for Declaratory
Ruling
On March 17, 2021 SGS North America, Inc ( SGS ) filed
a Notice of Withdrawal. SGS will no longer be pursuing its Petition
for Expedited Declaratory Ruling, Or in the Alternative, Request
for Retroactive Waiver. In its Petition, filed December 17,
2018, SGS asked the Commission to clarify the meaning of telemarketing and dual purpose calls with
respect to the prior express written requirements under the
TCPA in order to fix a growing trend of unwarranted
TCPA litigation.
Awaiting Decision (Items on Circulation )
Other Pending Petitions
Petitions Seeking to Establish or Modify Exemptions to TCPA
Consent Requirements
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Feds Join Grubhub Suit To Back TCPA After High Court Order
Law360 (April 30, 2021, 6:00 PM EDT) The federal government has asked an Illinois federal judge to ignore Grubhub s contention that the U.S. Supreme Court made the Telephone Consumer Protection Act unconstitutional in a July 2020 order, saying robocall restrictions have been valid ever since the act was passed in 1991.
Grubhub Inc. can t escape liability for allegedly making autodialed calls during a regulatory donut hole period between 2015, when Congress added a TCPA exception for calls made to collect on government-backed debts, and last year, when the Supreme Court decided in Barr v. American Association of Political Consultants that the government-debt exception was content-based and severed the.
A putative class asked a Massachusetts federal court on Tuesday to give final approval for a $14 million settlement in a Telephone Consumer Protection Act suit accusing meal kit delivery company HelloFresh of making telemarketing calls to recipients on the National Do Not Call Registry.
Roots Rx in downtown Aspen on Wednesday, April 28, 2021. (Kelsey Brunner/The Aspen Times)
A handful of Aspen businesses are learning that a misstep in communications with current customers and would-be patrons can expose them to potential liability under federal laws.
The downtown marijuana dispensary Roots RX is the latest local business facing a class-action lawsuit in Denver federal court. Plaintiff Kathryn Potter of Miami sued the cannabis company, which is based in Aspen and whose owner lives here, last week over unwanted promotional text messages she has received. Her suit was filed under the Telephone Consumer Protection Act and alleged Roots RX continues to send her text messages despite her asking the company to stop.