TCPA Plaintiffs Face Redefined Landscape

The U.S. Supreme Court issued a unanimous decision in favor of Facebook in Facebook Inc. v. Duguid on April 1, adopting a narrow construction of the definition of “automatic telephone dialing system,” or ATDS, for purposes of liability under the Telephone Consumer Protection Act. The U.S. Chamber filed an amicus brief in the case.

Attorneys writing in Law 360 estimate that the Court’s decision, which resolves a long-running circuit-split, will prevent plaintiffs from forum shopping for a favorable jurisdiction and make it more difficult for plaintiffs to bring TCPA lawsuits across the board.