Facebook Decision Upends TCPA Litigation Landscape

Business litigation partner Mike Daly co-authored an article for The American Bar Association (ABA) addressing the potential impact of the Supreme Court’s ruling in Facebook, Inc. v. Duguid over a key component of the Telephone Consumer Protection Act (TCPA).

Daly provided background on the case, which centered on the TCPA’s definition of an “automatic telephone dialing system” (ATDS). He also explained that the unanimous decision limits the scope of the statute’s restriction on autodialing and is expected to drastically decrease the volume of litigation arising under that part of the statute, which has been one of the most active areas of class-action litigation in recent years.

In conclusion, Daly noted that the Supreme Court’s decision was a victory for businesses that routinely attempt to communicate with consumers using stored lists of numbers. He added that the ruling is expected to significantly stanch the flow of TCPA litigation premised on violations of the law’s ATDS restrictions. However, it may also bring a renewed emphasis on litigation based on other calling restrictions that are unaffected by the decision.

The full article is available for ABA subscribers.