Facebook, Inc v. Noah Duguid

Brief for Amici Curiae Retail Litigation Center, Inc.


  • Court: U.S. Supreme Court (cert stage)
  • Issue: TCPA Litigation
  • Status: Pending
  • Lower Court: U.S. Court of Appeals for the Ninth Circuit

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.”

RLC’s Position:
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.


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