New TCPA Rulings Suggest Shorter Life For Autodialer Suits

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By Becca Wahlquist and Lauri Mazzuchetti (October 19, 2021, 5:23 PM EDT) — The Telephone Consumer Protection Act bar has been watching closely the federal court decisions coming down over the past six months in the wake of the U.S. Supreme Court’s Facebook v. Duguid decision.[1]

The Facebook opinion was clear and unanimous, but now comes the real test of the strength of the Facebook opinion: Can it keep meritless claims based on automatic telephone dialing systems from embroiling a defendant in expensive and burdensome discovery, potential expert battles and extensive summary judgment briefing on ATDS?

Courts have thus far been divided on how early to consider the ATDS question in a litigation, but…

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