New SCOTUS Remands Put ATDS Litigation Back in Fed Courts
Allan cases back to the Second and Sixth Circuit Courts of Appeal, respectively. The results in these cases–along with the remand of Facebook itself–will have a huge impact on ATDS cases moving forward. The Facebook appellate proceeding will likely be anticlimactic. The Supreme Court essentially held that Facebook‘s system lacked the capacity to store or dial using an RSN&G. So there doesn’t seem to be much the Ninth Circuit can play around with. Facebook’s system is not an ATDS, and it follows that one-to-one alert messages and P2P and interactive text technology is likely...
Source: natlawreview.com