On December 8, 2020, the Supreme Court heard oral argument in Duguid v. Facebook, a landmark case that will determine whether a consumer can sue a company for using automated technology to text or call that consumer at a phone number saved in the company’s system. At issue is the meaning of the federal Telephone Consumer Protection Act (“TCPA”) and its prohibition on using autodialers to transmit communications to cell phones.… More
Category Archives: TCPA
Privacy v. Speech? Supreme Court to Weigh in on TCPA Restrictions on Automated Calls
The Supreme Court on May 6, 2020 heard oral argument on a widely-watched First Amendment case that may have broad ramifications for the Telephone Consumer Protection Act and, potentially, government restrictions on telecommunications more broadly.
Originally passed in 1991, the Telephone Consumer Protection Act is enforced by the Federal Communications Commission and contains various restrictions on telemarketing, including the use of auto-dialers (sometimes called “robocallers”). The FCC has strengthened the law’s restrictions over time and adapted them to newer communications technologies,… More