SO WHAT NEXT?: With The Oral Argument in Facebook’s TCPA Appeal Behind Us Here’s a Quick Look Ahead

With the whirl of GAME DAY behind us–what a blast– its time to look forward a bit and take stock of where we are.

First, many of you have asked when the Supremes will rule. There’s a 99% chance they rule prior to June 15, 2021. But I think it’ll happen a bit sooner than that–depending on how much of their time is eaten up with election shenanigans. My official over/under is April 8, 2021–but I’m taking the under. I wouldn’t be surprised to see a late February ruling on this one.

Second, I gave my official prediction on the outcome of Facebook yesterday on the webinar–and if you missed it, you missed it! Ha. But keep in mind that no matter which way the Supremes rule you are very likely to have a ruling that holds click-to-dial and click-to-text systems do NOT trigger the statute– Garner, arguing for Plaintiff, essentially conceded this point. So the days of fearing “capacity” in the manual setting may finally be behind us, even if the Supremes rule against Facebook on functionality.

Third, please keep in mind that we are expecting some HUGE news from the FCC ahead of the Supreme Court ruling in Facebook. Remember– the TRACED Act required the FCC to review the TCPA’s exemptions–including the CRITICAL commercial purposes exemption for pre-recorded calls to landlines– so the TCPAWorld is going to be thrown into some level of upheaval following that ruling. Under TRACED the Commission has until the end of the year to issue its guidance– but they have a lot on their plate right now and A BRAND NEW COMMISSIONER to bring into the fold (the Baron will have more on that in a bit) so they may run a bit behind schedule. We’ll see.

Fourth, we remain watchful for potential late-term rulings from the Commission ahead of inauguration day. Expect a smattering (or perhaps a torrent) of action on outstanding petitions in January as the current administration winds down.

Fifth, as we discussed at length on the INCREDIBLE game-day webinar yesterday (if you missed this thing you really missed out) we expect state regulatory and legislative activity to really ramp up as everyone prepares for the likelihood of the Supreme Court issuing a ruling narrowing the TCPA. Along that line, I am pleased to announce that and Squire Patton Boggs will be posting a series of articles in the first quarter 2021 addressing STATE SPECIFIC ATDS, ADAD and pre-recorded call rules to help YOU prepare for the likelihood of a new (and highly-fractured) telecom legal landscape.

We’re here for you TCPAWorld.

Sixth, we’re going to have at least one more HUGE podcast this year– and you really will not want to miss it. Don’t go into winter hibernation just yet because this one will knock your candy cane striped socks right off. Stay tuned for more details.

And thanks for all the feedback, engagement and support yesterday. Was a real blast. Quite the community we have here.


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