TCPA Updates for Summer 2020

Members of the TCPA Protection Drive hosted a webinar discussing related points and newest developments relating to the TCPA. The panelists broke down the next TCPA-related updates and defined how they could impression your organization:

I. Supreme Courtroom TCPA Opinion – Barr v. American Affiliation of Political Consultants

The latest Supreme Courtroom’s opinion in Barr v. American Affiliation of Political Consultants Inc. struck down the government-backed debt exception to the TCPA, and maintained the final autodialer ban to cellphones. The panelists mentioned the holdings and ramifications of the Supreme Courtroom’s choice, each to the precise exception and to the TCPA as a complete.

II. ATDS Definition – Supreme Courtroom will Evaluation Circuit Break up in Fb v. Duguid

After the DC Circuit’s Opinion in ACA Worldwide overturning the definition of an “computerized phone dialing system” and ordering the FCC to provide you with a brand new definition, the federal courts have been grappling over this situation, resulting in divergent leads to jurisdictions throughout the nation. The Supreme Courtroom simply determined to take up this situation in Fb v. Duguid and can overview the Circuit break up on what constitutes an ATDS. The panelists mentioned how this will impression TCPA litigation and your compliance plans.

III. ATDS Definition – Latest P2P Declaratory Ruling by the FCC

The FCC has not supplied a lot steerage on the difficulty of the ATDS definition and its proceedings in search of public remark relating to what constitutes an ATDS have been pending since Could of 2018. Nevertheless, the FCC just lately issued a related declaratory ruling concluding that “if a calling platform just isn’t able to originating a name or sending a textual content with out a particular person actively and affirmatively manually dialing every [number], that platform just isn’t an autodialer and calls or texts made utilizing it will not be topic to the TCPA’s restrictions[.]” The panelists mentioned this ruling by the FCC and what impression it’ll have in TCPA litigation throughout the board.