1. Facebook is a Huge Win For Callers and a Complete Vindication of Everything TCPA Defense Lawyers Have been Saying For Years
The Supreme Court decided 9-0–9-0—that the TCPA means what it says.
Only devices that have the capacity to store or dial actually using a random or sequential number generator are covered by the statute. Period.
Now that should hardly be a surprising result since that is precisely what the statute says. Nonetheless–as the history books now read–the FCC vastly expanded the reach of the TCPA in 2003 and again in 2012 and 2015 by creatively interpreting the statute’s narrow language.
This opened the door to similar creative interpretations being adopted by some courts and ultimately by three Circuit Courts of Appeals.
This expansion has been much ballyhooed by TCPA defense lawyers and commenters– mostly me–as entirely divorced from the reality of the statute language and Congressional intent in drafting the statute.
Well today the Supreme Court of the United State issued its verdict and resoundingly agreed. Only devices that can store or dial numbers using a random or sequential number generator qualify as an ATDS.:
“In sum, Congress’ definition of an autodialer requires that in all cases, whether storing or producing numbers to be called, the equipment in question must use a random or sequential number generator. This definition excludes equipment like Facebook’s login notification system, which does not use such technology.”
And that’s great news.
But read on, because this may not be as clear cut as it seems.
2. Yes, This Means You Can (Probably) Now Use Automated Technology to Call Cell Phones Without Consent– But Here’s Why You Shouldn’t Go Bonkers
Here’s the punchline you were all waiting for.
Yes, Facebook means that you can probably use most predictive dialers to call cell phones without consent. Yes, even for marketing purposes. Yes, even cold call solicitations to numbers that are not on the DNC list. Yes, this changes everything.
But just slow down. To read more click here