Last week we held a webinar, Facebook: 1 Year Later, in which our guests, Eric J. Troutman from TCPAWorld and Squire Patton Boggs and Aaron S. Weiss from Carlton Fields, discussed the implications of the Supreme Court’s decision in Facebook v. Duguid on its first anniversary. Led by Contact Center Compliance’s Director of Compliance Services, Arvell Craig, our panel went through the background of the case and thoroughly dissected how the ruling has been interpreted in lower court decisions over the past year.
Among the topics discussed were the following:
- A close reading of how SCOTUS’s decision effectively changed the ATDS definition
- Parsing of footnotes 6 and 7 and how lower courts are interpreting them
- How the issue of “random or sequential number generation” applies to the source code of dialers and how courts are handling ATDS claims based on that kind of code
- The difference between applying “random or sequential number generation” to “store” as opposed to “produce” in the ATDS definition and SCOTUS decision
- How courts are handling these questions at different stages of the litigation process and what the practical consequences are for TCPA defendants
- The relative riskiness of different dialing technology in the current litigation environment
- Compliance strategies vs. litigation strategies
Eric and Aaron also took questions from attendees and used that to cover additional topics such as TCPA exemptions, “present capacity” ATDS arguments, and the continued importance of consent. This was a very detailed, and informative conversation between two of the top TCPA experts in the country. If you would like to watch the recording or download the slide deck, click here.