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TCPA Regulatory Update — Lawmakers Respond to SCOTUS Facebook Auto-Dialer Ruling

A bipartisan, bicameral group of lawmakers from the House Energy and Commerce Committee, including Chairman Rep. Frank Pallone (D-NJ) and Communications Subcommittee Ranking Member Sen. John Thune (R-SD), jointly responded to the Supreme Court’s Facebook v. Duguid ruling saying that they will be “closely following the impact of the Court’s decision on consumers.” As we explained previously, in the Facebook ruling, the Supreme Court held that under the TCPA’s definition of an autodialer, a device must use a random or sequential number generator in all cases whether storing or dialing telephone numbers. In their statement, the group expressed concerns that “[t]he Supreme Court’s ruling . . . may allow scammers to send out a barrage of texts or calls without fear of reprisal or consequence. . . . We know the last thing Americans need right now is an onslaught of texts or calls from scammers trying to swindle them out of their hard-earned money.” In addition to joining his fellow members of Congress, Senator Ed Markey (D-MA), one of the original authors of the TCPA, along with Anna Eshoo (D-CA) separately responded to the ruling calling it “disastrous for everyone who has a mobile phone in the United States.” The Statement promised to introduce legislation soon to “fix the Court’s error and protect consumers” stating “[f]ortunately we can and will act to make right what the Supreme Court got wrong.”


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Russell H. Fox is a wireless communications attorney at Mintz. He guides clients through federal legislative, regulatory, and transactional matters. Russell also participates in FCC proceedings, negotiates spectrum agreements, and represents clients in spectrum auctions.
Jonathan Garvin is an attorney at Mintz who focuses on legal challenges facing companies in the communications and media industries. He advises clients on transactional, regulatory, and compliance issues before the FCC involving wireless, broadband, broadcast, and cable matters.