by Brooks R. Brown (Boston) , W. Kyle Tayman (Washington), Christina L.
Hennecken (Boston) and Briana Adams-Seaton (New York)

In April 2021, the US Supreme Court issued its decision in Facebook v.
Duguid narrowly construing the Telephone Consumer Protection Act's
(TCPA) "automatic telephone dialing system" definition. In so doing, the
Supreme Court effectively brought an end to the flood of TCPA lawsuits
alleging violations of the statute's restrictions on calls and texts
made with an autodialer. Just two months later, however, Florida
responded to the Supreme Court's decision by enacting a "mini-TCPA" that
broadly (and vaguely) restricts certain telemarketing calls and texts
made to Florida residents (and other persons in Florida) using an
"automated system for the selection or dialing of telephone numbers."
The effect in Florida has been a substantial uptick in lawsuits
targeting allegedly unwanted telemarketing calls and texts made with an
autodialer.

Now, more states are following Florida's lead of tightening
telemarketing restrictions by enacting or proposing their own
mini-TCPA laws. Companies engaged in telemarketing by call or text in
any of these states should be aware of these new and emerging laws. As
detailed below, these laws impose stricter prohibitions than the TCPA,
contain the same (or greater) penalties for violations (e.g., $500 to
$1,500 per violative call or text), and employ potentially broader
definitions of what constitutes an autodialer, as the Florida
mini-TCPA does. As more states follow and expound on Florida's lead,
there is likely to be increased mini-TCPA litigation at the state
level.

https://www.mondaq.com/article/news/1289988?q=1803232&n=722&tp=2&tlk=6&lk=21

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