In the final installment of our four-part Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. The Supreme Court struck down the TCPA’s government-backed debt exemption, leaving district courts to address five years of enforcement and liability under the provision that may now be reversible. Meanwhile, the courts’ understanding of auto-dialers (ATDS) continued to evolve, with the Supreme Court poised to provide clarity on whether ATDS includes any device that can “store” and “automatically dial” telephone numbers — a decision that will either broaden or significantly curtail the reach of the TCPA.
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