TCPA Litigation Update -> Supreme Court Hears Oral Argument on TCPA Autodialer Provision [telecom]

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Wednesday, December 16, 2020

On December 8, 2020, the Supreme Court held much anticipated oral argument in Facebook, Inc. v. Duguid, et al., Case No. 19-511 (2020) to determine whether an automatic telephone dialing system ("ATDS") includes devices that can store and automatically dial telephone numbers without generating those numbers in sequence or at random. At the center of the case lies the TCPA's statutory ATDS definition, which is the subject of a circuit split: the Third, Seventh, and Eleventh Circuits require random or sequential number generation, while the Second, Sixth, and Ninth Circuits do not.