Client Alert: Is the TCPA Still Fertile Ground for Class Actions?
April 15, 2021
The Telephone Consumer Protection Act (“TCPA”) was enacted by Congress in 1991 with the aim of curtailing the then growing number of telephone marketing calls, which, consumers at the time complained, came primarily at dinner time on their home phones, a technology which to many today seems ancient.
In more recent years, consumers have been deluged with incessant text messages and calls on their smart phones. Predictably a flood of class action lawsuits brought pursuant to the TCPA crested in recent years. However, a recent decision by the U.S. Supreme Court may have curtailed that flood by opining on the applicable definition of “autodialer.” Otterbourg’s Erik Weinick discusses the TCPA and the Supreme Court’s decision in Facebook, Inc. v. Duguid et al., in a new article found here.