No, the Facebook Win Does Not Mean TCPA Litigation is Over

On April 1, 2021, the Supreme Court released its unanimous decision in Facebook v. Duguid, holding that to be considered an ‘automatic telephone dialing system’ (Autodialer), equipment must have the capacity to either: (1) store numbers using a random or sequential number generator; or (2) produce numbers using a random or sequential number generator. Although this new clarity regarding the definition of an Autodialer will help accounts receivable entities ensure compliance with the Telephone Consumer Protection Act (TCPA), it does not signify an end to TCPA litigation, and no one should be throwing away their TCPA policies and procedures just yet. 

The Statute and History of the Facebook Case

The TCPA prohibits “any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing systems or an artificial or prerecorded voice” to cellular telephones. 47 U.S.C. § 227(b)(1)(A)(iii). An Autodialer is defined as “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.” Id. at § 227(a)(1)

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