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Facebook v Duguid – Opting for Narrow ATDS Definition, Supreme Court Issues Game-Changing TCPA Decision | Snell & Wilmer

To embed, copy and paste the code into your website or blog: Businesses using automated technologies to call and text consumers may breathe a collective sigh of relief today as the Supreme Court confirmed in the Facebook v. Duguid decision what defense lawyers have been arguing for years – equipment that is merely capable of storing and dialing telephone numbers is not an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act (the “TCPA”).  Rather, the equipment must also use “a random or sequential number generator.”  That is the type of equipment that concerned Congress.  What is the TCPA?

Supreme Court Adopts Narrow Definition of Autodialer in TCPA Case | Goodwin

To embed, copy and paste the code into your website or blog: On April 1, 2021, the United States Supreme Court resolved a circuit split on what technology constitutes an “automatic telephone dialing system” (ATDS) under the Telephone Consumer Protection Act of 1991 (TCPA), 47 U.S.C. § 227 et seq.  In the TCPA class action Facebook, Inc. v. Duguid, et al., No. 19-511 (Apr. 1, 2021), the Supreme Court unanimously ruled that to qualify as an ATDS, “a device must have the capacity either to store a telephone number using a random or sequential generator or to produce a telephone number using a random or sequential number generator.”  The decision is a victory for entities defending against TCPA actions, as it rejects the expansive interpretation of the statutory ATDS definition previously endorsed in some Circuits.

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