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/1290090?q=1803232&n=722&tp=2&tlk=8&lk=23

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