Breaking News – Facebook v. Duguid: Is this the End of TCPA Litigation?
The Facebook v. Duguid Supreme Court decision is here:
“To qualify as an ‘automatic telephone dialing system’ under the TCPA, a device must have the capacity either to store a telephone number using a random or sequential number generator, or to produce a telephone number using a random or sequential number generator.”
Let’s back up. On Thursday, the Supreme Court unanimously ruled Facebook did not violate the TCPA when it sent unsolicited text messages without consent. Why? Because in order to have violated the TCPA, the defendant must have used an “automatic telephone dialing system” or “ATDS.” The TCPA defines an ATDS as equipment that can “store or produce telephone numbers to be called, using a random or sequential number generator.” What qualifies as an ATDS was the core issue of the case, which we discussed back in this post when oral arguments went down.
Duguid had argued the TCPA was enacted to respond to consumer complaints and its breadth was intended to cover any use of stored numbers to make automatic calls. Conversely, Facebook had argued the TCPA only encompassed dialing systems that generate random or sequential phone numbers (which are now largely obsolete and rarely used). Because it