On April 1, the United States Supreme Court unanimously confirmed that equipment without the capacity to randomly or sequentially store or produce numbers is not an auto-dialer for TCPA purposes.

Our attorneys unpack Facebook v. Duguid, providing practical insights including how to use opt-in consents, record-keeping, and expert analysis of your system to limit the possibility of claims moving forward.

We explain why this decision represents a victory for businesses that primarily communicate with their customers via text messages and any business using predictive dialers and preview dialers without random and sequential source codes. We will also highlight some of the potential pitfalls left unresolved by the decision and explain why the plaintiff actions are likely to continue.