by Mark S. Eisen

We are now nearly one year PF -- Post-Facebook, the seminal
decision that effectively shut down the central avenue used by
Plaintiffs' lawyers to assert liability under the Telephone Consumer
Protection Act. So where is the TCPA now?

By way of brief recap, on April 1, 2021, the Supreme Court issued its
decision in Facebook v. Duguid, which evaluated the TCPA's key
statutory definition of an Automatic Telephone Dialing System, known
as an ATDS. See Facebook v. Duguid, 141 S. Ct. 1163, 1167 (2021). The
TCPA's definition is deceptively simple:

The term "automatic telephone dialing system" means 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.

https://www.mondaq.com/unitedstates/telecoms-mobile-cable-communications/1174248/tcpa--dead-or-alive?type=popular

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