Amy Brantly, founding partner of Kesselman Brantly Stockinger LLP, was recently quoted in the Law360 article, “Ginsburg’s Successor Likely to Back Narrow TCPA Reading.”
The article looks at the upcoming Supreme Court hearing involving Facebook and the Telephone Consumer Privacy Act (TCPA) and how the justice chosen to replace Ruth Bader Ginsberg could impact the outcome of this closely watched case.
The case, Facebook Inc. v. Duguid, is a heated dispute surrounding what actually qualifies as an autodialer under the TCPA. Many feel that her replacement would likely swing the decision to be more in favor of businesses, and nominee Amy Coney Barrett authored the Seventh Circuit’s recent ruling in Gadelhak v. AT&T Services addressing this same issue. Judge Barrett adopted a narrow reading of the kinds of dialing equipment that trigger liability under the TCPA.
According to Amy Brantly, “A court that’s full of conservatives who are textualists are probably going to side with Facebook and find the clear language of the statute requires random or sequential number generation to be used.”
The full Law360 article can be found here (subscription required).