For the second time this year, the TCPA came before the Supreme Court via teleconference oral argument in Facebook, Inc. v. Duguid, et al, Case No. 19-511 (2020). The Supreme Court’s disposition of Facebook’s petition is expected to resolve a widening Circuit split over what qualifies as an automatic telephone dialing system (“ATDS”) under

On July 9, 2020, the Supreme Court granted Facebook’s petition for certiorari in a case with potentially broad implications for both class action litigation and business communications with their current and potential customers.  The Supreme Court’s disposition of Facebook’s petition may settle the complex question of what qualifies as an automatic telephone dialing system (“ATDS”) under the Telephone Consumer Protection Act, 47 U.S.C. § 227, et seq. (“TCPA”).

The TCPA prohibits telemarketing calls to be placed using an ATDS without the requisite level of prior consent.  Thus, the definition of what technology qualifies as an ATDS is often a fundamental, threshold question upon which TCPA litigation turns.  Prior to 2015, the FCC had offered various, sometimes vague, interpretations of the term.  In 2015, the FCC offered an expansive definition, which was set aside in March 2018 in the ACA International decision.  While the issue has been before the FCC on remand for over two years now, courts nevertheless engaged in their own analysis of the statute, resulting in a broadening Circuit split on how the law is interpreted and applied and divergent outcomes based on the court in which the case is filed.  Now the Supreme Court is poised (potentially) to resolve that dispute.
Continue Reading Supreme Court to Weigh-in on the Definition of an Autodialer Under TCPA

Even in her extensive dissent, FTC Commissioner Rebecca Slaughter labeled the Order “exceptional.”

And it is.  The terms of the Federal Trade Commission’s (FTC) $5 billion, twenty-year settlement Order reached with Facebook on Wednesday is the agency’s most prescriptive privacy and data security agreement ever.  The Order comes just three days shy of the seventh

On Monday, the Supreme Court ruled that Facebook’s $9.5 million settlement of privacy claims did not violate federal rules that require class action settlements to be “fair, reasonable and adequate.”

The suit (Marek v. Lane, 13-136)  involves Facebook’s former use of its Beacon advertising program that tracked the activity of logged-in Facebook members