TCPA Litigation and Compliance After the Supreme Court’s Decision in Facebook v. Duguid: What Every Business Should Know



Date & Time

Start Date: 04/19/2021
Start Time: 3:00 p.m. (ET)



Mike McTigue, Meredith Slawe, Meghan Stoppel, and guest speaker, Marc Roth from Cobalt Law, will present a webinar program on The Telephone Consumer Protection Act (TCPA). The TCPA has been the basis of significant litigation over the past few years. Companies in many industries — including retail, hospitality, financial services, insurance, pharmaceuticals, technology, media, and telecommunications — have been targeted in class actions, individual cases, and pre-suit demand letters challenging calling, text messaging, and faxing activities. An automated call provision in the TCPA contains a single term that, while unambiguous in the statutory text, has been the subject of extensive litigation, multiple rounds of comments unresolved by the Federal Communications Commission, and conflicting interpretations across the Circuits. The key question has been: what is an “automatic telephone dialing system” (ATDS)? The 2nd, 6th, and 9th Circuits adopted an expansive and atextual interpretation of an ATDS while the 3rd, 7th, and 11th Circuits adhered to the statute’s language and the legislative intent. As a result, there has been an explosion of ATDS-based litigation in select jurisdictions. 


On April 1, 2021, the Supreme Court issued a unanimous decision and reversed the broad interpretation set forth by the 9th Circuit. This ruling has significant implications for businesses that engage in calling and text messaging activities. Certain aspects of the statute have been dramatically altered while others remain minefields for litigation risk. And other federal and state laws that have taken a backseat to the TCPA pose new traps for unsuspecting businesses in connection with legitimate and valued customer engagement activities.


The Cozen O’Connor speakers, who contributed to an amicus brief in the Facebook proceeding, and our Special Guest speaker will discuss:

  • The Supreme Court’s decision (and the plaintiffs’ bar’s focus on a couple of footnotes in Justice Sotomayor’s opinion);
  • The meaning of an ATDS post-Facebook;
  • The practical effects of the Court’s ruling and how in-house counsel can best advise the business;
  • The renewed focus on the TCPA’s application to pre-recorded messages, ringless voicemail, STOP requests, and do-not call;
  • The TRACED Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, and state telemarketing and collections laws; and
  • The TCPA plaintiffs’ bar’s recent focus on session replay litigation (California Invasion of Privacy Act; Florida Security of Communications Act) and biometric privacy suits (Illinois Biometric Information Privacy Act).


Michael W. McTigue Jr.

Co-Chair, Class Actions

(215) 665-2093

Meredith C. Slawe

Co-Chair, Class Actions
Chair, Retail

(215) 665-4175

Meghan Stoppel, CIPP/US


(720) 479-3880

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