I’ve been fielding a ton of questions post-Facebook and I’ve noticed they are starting to evolve.
It started with the broad “What does Facebook mean for me?” sort of questions.
Then it became the more specific “Does Facebook mean I can do x” sort of questions.
But now the questions are mostly “Have there been any cases interpreting Facebook yet?”
The fact that so many of you are already tired of waiting for clarity a mere 43 days after the big Supreme Court ruling puts a smile on my face. That is a uniquely TCPAWorld phenomenon. In other areas of the law you might wait years for the first case applying Supreme Court precedent. Under the TCPA you only have to wait days generally.
And, indeed, we did only have to wait days for the first case–remember? But it wasn’t a very useful case. Nor was the second case.
So here is where we are on day 43 AF (after-Facebook):
- We know that only two cases have applied Facebook so far–one in summary fashion at the pleadings stage (we broke the news) and one in spectacular fashion, but as dicta;
- We know the issue is being briefed in some cases–mostly in cases where the Plaintiffs’ bar strategically thinks they have weak opposing counsel or strong facts;
- We also know that ATDS issues are on remand in two CRITICAL appellate cases–Duran (focused on text platforms) and Allan (focused on predictive dialers). Where those cases go next is critically important;
- We know that the TCPA complaints continue to pour in–but most all of them are DNC cases or prerecorded call cases. So the Plaintiff’s bar is not simply filing ATDS cases the way they used to.
But other than these observations, we’re simply playing a waiting game. I expect we’ll know a lot more within the next 30 days or so.
In the meantime my take on Facebook hasn’t changed since the big webinar we did within 24 hours of the ruling. My stoplight approach still applies:
Not legal advice–for demonstrative purposes. Let’s chat if you need help on technology solutions post-Facebook.
If you have questions let’s chat it through.
And remember we have the extremely popular Facebook Ruling Resource page up and running. I PROMISE we will keep it updated as new rulings come in–so check back often.