Forum

U.S. Supreme Court

Case Status

Decided

Docket Number

Term

2020 Term

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Questions Presented

1. Whether the TCPA’s prohibition on calls made using an “automatic telephone dialing system” (ATDS) is an unconstitutional restriction of speech, and if so whether the proper remedy is to broaden the prohibition to abridge more speech.

2. Whether the definition of ATDS in the TCPA encompasses any device that can “store” and “automatically dial” telephone numbers, even if the device does not “us[e] a random or sequential number generator.”

Case Updates

U.S. Supreme Court narrowly construes “automatic telephone dialing system” under the Telephone Consumer Protection Act

April 01, 2021

The Supreme Court ruled 9-0 that an autodialer must have the capacity to use a random or sequential number generator to store or produce phone numbers. The U.S. Chamber filed a coalition amicus brief supporting this result, as well as a brief in support of certiorari and a brief when this case was before the Ninth Circuit.

U.S. Chamber files coalition merits-stage amicus brief urging the Supreme Court to reject the Ninth Circuit’s overbroad reading of “automatic telephone dialing system” under the Telephone Consumer Protection Act

September 11, 2020

The coalition amicus brief argues that the Ninth Circuit’s interpretation violates the First Amendment by prohibiting billions of calls and texts from smartphones and by suppressing valuable communications between businesses and their customers. The U.S. Chamber filed a successful amicus brief at the cert. stage and a brief when this case was before the Ninth Circuit.

Shay Dvoretzky and Jeffrey R. Johnson of Jones Day served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Cert. petition granted

July 09, 2020

U.S. Chamber urges Supreme Court to grant certiorari in Telephone Consumer Protection Act suit against Facebook

November 20, 2019

The U.S. Chamber and Business Roundtable filed an amicus brief arguing that (i) the Court should reject the Ninth Circuit’s expansive view of an “automatic telephone dialing system” subject to the TCPA’s prohibitions; and (ii) after holding that an exception to the TCPA’s prohibitions violated the First Amendment, the proper remedy was to invalidate the prohibitions, not the exception. The U.S. Chamber previously filed amicus briefs at the panel stage in the Ninth Circuit.

Shay Dvoretzky and Jeffrey R. Johnson of Jones Day served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

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