Facebook v. Duguid was a Supreme Court Facebook case that considered the definition of an “automatic phone dialing system” (commonly known as an ATDS, or autodialer), which is a term in TCPA. This term has been the subject of much litigation and debate.
The Supreme Court unanimously ruled, “In summary, Congress’ definitions of an autodialer require that, in any case, whether storing numbers or producing them, the equipment must use a sequential or random number generator.”
What does Supreme Court Facebook mean?
The Supreme Court Facebook decision applies to the TCPA section that imposes restrictions for calls and texts made by automated dialing. In addition, this ruling clarifies which equipment is an autodialer in the context of this provision.
The Court’s decision does not affect other parts of the TCPA, such as the restrictions on calls or texts made using a prerecorded or artificial voice or numbers on the Do Not Call Registry. In addition, this ruling does not apply uniformly to state laws that restrict automated dialing.
Can I text or call anyone without their consent?
- It is too soon to predict what might happen. Lower courts will continue to interpret the Supreme Court Facebook decision. Congress could also introduce new legislation to modify the language of TCPA, which the Supreme Court Facebook emphasized in this decision.
- Unwanted texts and calls are lousy business. It is a terrible business to contact consumers who have not consented to your company’s contact. Unwanted calls are a recipe for negative feedback in an age of instant feedback and social media. People who aren’t interested in contacting you will be more annoyed than those willing to accept your offer.
- The policies of My Country Mobile (MCM) have not been changed. MCM Acceptable Use Policy forbids MCM services from “sending unsolicited messages, calls, or e-mailings (including commercial advertising and Supreme Court Facebook informational announcements)” if such unsolicited activities are likely to cause complaints.
- Facebook’s ruling did not invalidate TCPA. So plaintiffs will continue to file lawsuits based upon the TCPA. So These lawsuits can be costly and can tie-up. Your finances for a long time, even if you have good defenses.
Mobile carriers still block calls and texts they consider unwelcome by mobile subscribers. This is regardless of whether the calls or texts are legal. You are risking your ability to communicate effectively with customers if you start contacting them without their consent. Even if callers/senders prove that their communications comply with legal requirements by Supreme Court Facebook, mobile carriers can still block traffic. Get details about SIP services. see also How Missed Call Service Works?