TCPA: Facebook v Duguid and Beyond - What Changes 2021 May Bring to the TCPA Landscape
In its 2020 opinion in Barr v. American Association of Political Consultants, the Supreme Court noted that “Americans passionately disagree about many things. But they are largely united in their disdain for robocalls.” The TCPA was enacted in 1991 to prevent such calls and has since been expanded to include all manner of marketing, political, and debt-collection telemarketing calls. In 2020, the Court expanded the scope of the law in its decision in Barr and to the surprise of many also granted certiorari to Facebook v. Duguid, taking up a split in the circuits regarding the type of dialer technology that the law covers. Our panelists will discuss the impact of the Barr decision and the potential impact of a decision in Facebook and will weigh in on new regulations, major trends, and what to expect from a newly comprised Federal Trade Commission (FTC) in 2021.