November 13, 2020
Partner Steve Augustino was quoted in the Communications Daily
article, "Facebook Case Seen as Best Chance for SCOTUS to Rule on ATDS."
The article discusses the Facebook v. Duguid
case, which is set to be argued before the Supreme Court Dec. 8, and could provide long-awaited clarity on the deﬁnition of what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act.
"Since 2015, the uncertainty around the deﬁnition of an ATDS has been a drain on legitimate marketing across the country,” said Augustino. “The question has become more uncertain in the interim, particularly as the FCC has failed to act in the ACA International remand,” he said. “The question is squarely presented inthe Facebook case and all parties have asked the Supreme Court to provide greater
guidance, so the chances are greater that the court will provide the clarity the industry seeks. We all are hoping that this will resolve the circuit split and narrow the questions for the FCC to address on remand in ACA International.”
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