In the final installment of our Privacy Litigation Year in Review series, we focus on important developments in TCPA litigation. Following the Supreme Court’s adoption of a narrow definition of “autodialers” (ATDS) in the 2021 case Facebook v. Duguid, courts across the country have continued to interpret that seminal decision. While the full impact of Duguid remains to be seen, guidance from several federal courts of appeals has begun to emerge regarding what systems actually qualify as autodialers, providing more certainty and predictability for businesses engaged in telephone and text marketing campaigns.
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