Supreme Court Addresses Telephone Consumer Protection Act

Earlier this year, the U.S. Supreme Court addressed an outstanding question in the Telephone Consumer Protection Act.  The court clarified the extent of the devices to which the TCPA applies.

In summary, the Supreme Court ruled:

The question before the Court is whether that definition encompasses equipment that can “store” and dial telephone numbers, even if the device does not “us[e] a random or sequential number generator.” It does not. To qualify as an “automatic telephone dialing system,” a device must have the capacity either to store a telephone number using a random or sequential generator or to produce a telephone number using a random or sequential number generator.

Under this interpretation, Facebook’s login notification system was not equipment subject to the TCPA.

Facebook, Inc. v. Duguid, 141 S.Ct. 1163 (2021).