September 17, 2021

Volume XI, Number 260

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COUNTERPUNCH: Here’s What the Plaintiff’s Bar is Saying About Why Facebook May Not Be As Solid a Win for Callers as It First Appears

The flurry of activity continues today following the big Facebook ruling and I wanted to make sure you all had the benefit of events on the ground.

As TCPA defendants begin making their victory lap I’ve already collected quite a bit of pushback from Plaintiff’s lawyers arguing that we’re overselling this thing.

Specifically, they look at footnote 7 and see an avenue toward ATDS claims continuing.

From their perspective Facebook only blesses systems that send text messages one to one in response to some human initiation or engagement, not all dialers that call from a list.

Argument is that Marks is still viable in certain settings thanks to footnote 7 and that predictive dialers might still be covered by the statute because the numbers are selected randomly or sequentially to be dialed from a list.

The Archduke will break this down further but this is a very interesting twist, even if it feels like a stretch.

Be sure to tune in tomorrow to our webinar as we break this all down for you.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 91
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About this Author

Eric Troutman Class Action Attorney
Of Counsel

Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems.

Eric has built a national litigation practice based upon deep experience, rigorous...

213-689-6510
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