Compliance After Facebook v. Duguid

On April 1, 2021, the Supreme Court of the United States (SCOTUS) issued a decision in Facebook v. Duguid that upended the entire landscape of Telephone Consumer Protection Act (TCPA) litigation. Directly addressing the Circuit Court-level split on how to interpret the law’s all-important but grammatically vague definition of an automatic telephone dialing system (ATDS), SCOTUS opted to set a nationwide standard in favor of the statutory definition. While it remains to be seen how this directive will be interpreted by the lower courts, the most consequential result of this decision is that one of the main avenues for TCPA litigation—including multimillion-dollar class actions—has been closed.

For all marketers who maintain good faith efforts at compliance, this is a genuine cause for celebration. However, it does not mean that the TCPA is dead and gone. Indeed, many of the law’s other provisions remain in effect, as does the National Do Not Call (DNC) Registry and a bevy of state-level telemarketing regulations. This guide will explain some of the key elements of compliance in the wake of the Facebook decision.

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