Binding Authority?: Facebook Files Supplemental TCPA Brief to the Supreme Court Citing…Me

Guys, I’m honored. Really.

The day following the big SCOTUS ruling crushing the hopes of TCPA defendants and Free Speech advocate alike, Facebook has filed another high-powered brief in support of its now-even-more-critical petition seeking Supreme Court review of the TCPA’s ATDS Definition.

As we reported previously, the Facebook petition is a HUGELY important–and extremely well-written and well-conceived–petition that narrows in on the circuit split  on the ATDS issue between the Ninth and Second Circuits, on the one hand, and the Eleventh and Seventh Circuits on the other. With the issue of the TCPA’s overall constitutionality now resolved–score one for the bad guys–the scope of the TCPA’s autodialer restrictions take center stage, as Facebook’s latest briefing points out.

If the petition is granted–it has been on hold for nearly a year now awaiting the outcome of AAPC–it would serve as a perfect vehicle for the Supreme Court to finally decide the fate of the TCPA’s ill-conceived ATDS definition: does it cover all automatic calls or just random ones?

And featuring rather prominently in Facebook’s Supplemental Brief– me. In a section discussing the ongoing split and the need for clarity the the Brief gives a nod to some of my work here on What an honor!

For the curious, the brief can be found here: That Time Facebook Cited me to the Supreme Court

And you can bet your bottom dollar we’ll be keeping a close eye on Facebook’s effort to resolve this messy split of authority.