On April 1, 2021 the United States Supreme Court issued a critical ruling interpreting the TCPA’s ATDS definition.
Above is a redline of the ATDS definition following Facebook.
Below are key resources to help you understand and apply the decision.*
TCPAWorld Written Analysis
- Breaking news piece on April 1, 2021
- Original analysis piece on April 1, 2021
- Further analysis on April 1, 2021
- Original response of Plaintiff’s Bar to Facebook
- Original Congressional response to Facebook
- Analysis of Facebook concurrence
- Czar’s prediction on slow Congressional response
- Visual renderings of TCPA ATDS definitions post-Facebook
Video Format Webinars and Discussion
- Original discussion with LeadsCouncil
- Original webinar breakdown of Facebook
- Masterclass on SMS and Express Consent post-Facebook
ATDS Caselaw Since Facebook — Updated April 16, 2021
- Montanez v. Future Vision Brain Bank, Civil Action No. 20-cv-02959-CMA-MEH, 2021 U.S. Dist. LEXIS 67091 (D. Col. April 7, 2021)(allowing ATDS allegations to survive the pleadings stage);
- McEwen v. Nra of Am. & Infocision, No. 2:20-cv-00153-LEN, 2021 U.S. Dist. LEXISUnited (D. Me. April 14, 2021)(ruling ATDS must make “use” of R&SNG, not just have capacity to do so.)
*Not legal advice. Consult a lawyer before deploying any new consumer outreach strategy.