Quick Update – When Will the Supreme Court Rule in Facebook’s TCPA ATDS Challenge?

I have noticed a ton of traffic on TCPAWorld.com being driven by search terms related to the Facebook SCOTUS appeal recently, with a lot of you (and randos on google) asking “when will the Supreme Court decide Facebook?” or “when will the Supreme Court rule on the TCPA ATDS definition?”

So we previously mapped out potential timelines, but the bottom line is that no one knows for sure when SCOTUS will rule. There is a 99% chance it will rule before the term, which ends in early June 2021. And, more likely than not, the Supremes will rule earlier rather than later since the case as argued in December and—let’s face it—the TCPA’s ATDS definition isn’t the most critical thing the Court has going on.

The Supremes usually take longer to decide cases that are argued later in the term (no surprise there) and that are weightier from a policy perspective (they need to think stuff over.) The Facebook TCPA appeal was argued early in the term and is pretty straightforward—essentially SCOTUS just needs to decide which analytic framework they want to apply to the statute. Once they resolve how to approach their analysis, the conclusion is going to flow rapidly. So I am definitely banking on an “early” ruling here.

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