by Mark S. Eisen
We are now nearly one year PF -- Post-Facebook, the seminal decision that effectively shut down the central avenue used by Plaintiffs' lawyers to assert liability under the Telephone Consumer Protection Act. So where is the TCPA now?
By way of brief recap, on April 1, 2021, the Supreme Court issued its decision in Facebook v. Duguid, which evaluated the TCPA's key statutory definition of an Automatic Telephone Dialing System, known as an ATDS. See Facebook v. Duguid, 141 S. Ct. 1163, 1167 (2021). The TCPA's definition is deceptively simple:
The term "automatic telephone dialing system" means equipment which has the capacity -
(A) to store or produce telephone numbers to be called, using a random or sequential number generator; and
(B) to dial such numbers.