February 22, 2021

Senescence and Sensibility: Will the Supreme Court Mothball the TCPA?

American Bar Association’s Consumer Litigation Committee

Business litigation partner Mike Daly authored an article for the American Bar Association’s Consumer Litigation Committee titled, “Senescence and Sensibility: Will the Supreme Court Mothball the TCPA?” that discusses developments around the Telephone Consumer Protection Act (TCPA)’s autodialer restriction.

In the article, Daly addresses the dispute between courts over what qualifies as an automatic telephone dialing system (ATDS) and the impact the dispute has had on businesses trying to comply with the statue when its scope varies between circuit courts.

The article highlights how what constitutes an ATDS may finally be resolved in Facebook v. Duguid and what the case’s decision could mean for pending cases.

The full article is available for American Bar Association’s Consumer Litigation Committee subscribers.

Full Article