June 13, 2021

Volume XI, Number 164


June 11, 2021

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QUICK POST-FACEBOOK UPDATE: Where are all the ATDS Rulings??

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):

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.

© Copyright 2021 Squire Patton Boggs (US) LLPNational Law Review, Volume XI, Number 133



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...