2022 – TCPA Watch

Ninth Circuit Answers Lingering Question on Scope of ‘Autodialer’

Dec 14 2022

Joseph C. Wylie II, Nicole C. Mueller, Jonathan R. Vaitl

Since the U.S. Supreme Court issued its decision in Facebook v. Duguid,¹ district courts have wrestled with the language of one particular footnote that appears, at least on the surface, to suggest that equipment that randomly or sequentially generates the order in which to dial pre-populated phone numbers qualifies as an automated telephone dialing system, or autodialer.² The majority of district courts have rejected this interpretation, but until recently, few circuit courts had weighed in.

Ninth Circuit Weighs Impact of “Mixed Use” of Wireless Numbers on Do Not Call Regulations

Oct 25 2022

By Joseph C. Wylie II, Nicole C. Mueller, Jonathan R. Vaitl

Under the plain language of the Telephone Consumer Protection Act of 1991 (TCPA) and its regulations, only “residential telephone subscribers” have a right of action for violations of the do-not-call registry.¹ The issue becomes murky, though, when a number is used for both residential and business purposes. The Ninth Circuit recently addressed this question and concluded that there is no simple answer when determining whether a mixed-use line is “residential” but, instead, requires a fact-intensive inquiry into each individual number.²

Washington Becomes Latest State to Tighten Restrictions on Telemarketing

May 23 2022

By Joseph C. Wylie II, Molly K. McGinley, Jonathan R. Vaitl

While claims under the Telephone Consumer Protection Act have become more difficult for plaintiffs to assert successfully following the U.S. Supreme Court’s decision in Facebook v. Duguid,¹ several states, such as Florida, have taken the initiative to enhance their own telemarketing restrictions. Washington has become the latest state to join that trend. House Bill (H.B.) 1497,² which goes into effect on 9 June 2022, revises portions of the state’s existing telemarketing laws to, among other things, broaden the scope of how the law defines “telephone solicitation” and the reach of a do-not-call request, impose new obligations on callers requesting a donation or gift, and tighten the requirements for callers to identify themselves.

Archive:2022