Facebook, Inc v. Noah Duguid

Case Decided October 2020:

A unanimous decision substantially limited the scope of the TCPA’s definition of an “automatic telephone dialing system.” Click here to view the case decision.

Question Presented:

1. Whether the TCPA’s prohibition on calls made using an ATDS is an unconstitutional restriction of speech, and if so whether the proper remedy is to broaden the prohibition to abridge more speech.
2. Whether the definition of ATDS in the TCPA encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.”

Brief Filed:
The RLC’s brief contends that the Ninth Circuit’s interpretation of the TCPA is overly broad and would prevent retailers from disseminating important information that consumers expect.

Case Documents:
Cert Stage RLC Amicus Brief
Merits Stage RLC Amicus Brief