Civil Litigation
Oct. 19, 2021
Months after TCPA ruling, footnote leaves long, troublesome tail
Footnote 7 of the Supreme Court’s ruling in Facebook v. Duguid undermines the “human intervention” standard that was the former bedrock of Telephone Consumer Protection Act jurisprudence, and introduces a narrow rule that is difficult to apply.
Eric J. Troutman
Partner
Squire Patton Boggs LLP
Email: eric.troutman@squirepb.com
UCLA SOL; Los Angeles CA
Eric is the czar of TCPAWorld.com and has served as lead counsel in nearly a hundred putative nationwide TCPA class actions, in addition to defending over a thousand individual TCPA suits in his role as national strategic litigation counsel for major banks and finance companies. He now leads one of the nation's most powerful TCPA defense teams in the firm's Los Angeles office.
The Telephone Consumer Protection Act is one of the most litigated statutes in America and the undisputed heavyweight champion of litigation cash cows. More multi-million dollar settlements have been reached under the TCPA than any other federal statute in history. That the TCPA simultaneously remains the single broadest restriction on constitutionally protected speech in American history should also be troublesome to all Americans.
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