• Post-Facebook v. Duguid Litigation Roundup [telecom]

    From The Telecom Digest@21:1/5 to All on Tue Jun 13 16:10:12 2023
    by Christine M. Reilly, Alexandra N. Krasovec, John W. McGuinness,
    A. Paul Heeringa, Cody A. DeCamp, Tina P. Lapsia and
    Madelaine A. Newcomb

    As part of Manatt's continuing monthly coverage of the aftermath of
    Facebook v. Duguid and how district courts are applying it to
    determine whether a calling system meets the Supreme Court's newly
    clarified definition of an automatic telephone dialing system (ATDS)
    under the Telephone Consumer Protection Act (TCPA), we report on some
    notable decisions since our last roundup. While the results remain
    somewhat mixed, a growing number of federal courts (if not a majority)
    are adopting Facebook and holding that use of a random or sequential
    number generator is a necessary prerequisite to an ATDS finding. At
    the district court level, defendants have generally continued to fare
    well under the new ATDS standard both at the pleadings and the summary
    judgment stage. These courts are also increasing rejecting what some
    have called the "Footnote 7" argument-referring to footnote 7 in the
    Facebook decision, where the Supreme Court suggested in dicta that
    randomly or sequentially selecting numbers from a predetermined list
    might qualify as an ATDS-with judges focusing on the generation, not
    the selection, of numbers.

    https://www.mondaq.com/article/news/1327626?q=1803232&n=817&tp=4&tlk=13&lk=57

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