SCOTUS Texts STOP to End TCPA Abuse

By [ Kathleen McGuigan ]
Washington, DC
04/01/2021

The following statement was issued by Kathleen McGuigan, Deputy General Counsel of the Retail Litigation Center in response to the U.S. Supreme Court’s unanimous decision in Facebook v. Duguid:

“Retailers are grateful that the Supreme Court understood the significance of this case and texted STOP to the plaintiffs’ bar in no uncertain terms. Americans rely on countless communications from retailers to make the shopping experience convenient and safe. The Court recognized the distinction between legitimate retail-customer communications and unwanted robocalls and restored the proper scope of the Telephone Consumer Protection Act. Today’s decision will curb frivolous suits against retailers and allow legitimate communications to customers, while keeping the core TCPA consumer protections in-place. It is a win for modern-day communications.”

The Retail Litigation Center, National Retail Federation and The Restaurant Law Center filed an amicus brief in this case. Joseph Palmore and Samuel Goldstein of Morrison and Foster LLP, and Meredith Slawe and Michael McTigue Jr. of Cozen O’Connor prepared the brief.

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Retail Litigation Center

Directed by the chief legal officers of the country's leading retail companies, the Retail Litigation Center (RLC) is the only organization dedicated to advocating for the industry's top priorities in the federal and state judiciary. The RLC also works with leading law firms and retail corporate counsel to develop forward-thinking strategies to combat meritless mass action litigation. Founded by the Retail Industry Leaders Association (RILA) in 2010 as an independent organization, the RLC is a 501(c)(6) membership association open to all retailers and select law firms.