The flurry of activity continues now following the significant Facebook judgment and I wanted to ensure you had the benefit of events on the ground.
Since TCPA defendants begin creating their victory lap I’ve already gathered quite a bit of pushback from Plaintiff’s attorneys arguing that we are overselling this item.
Specifically, they look at footnote 7 and also see an avenue toward ATDS claims continuing.
In their view Facebook only blesses systems which send text messages one to one in response to a human initiation or engagement, not all of dialers that call from a listing.
Argument is that Marks remains feasible in certain configurations thanks to footnote 7 and that predictive dialers might still be covered by the statute because the numbers are selected randomly or must be dialed from a list.
The Archduke will break down this further but that is a very interesting twist, even if it feels like a stretch.
Make sure to tune in tomorrow to our webinar as we break down this for you.
