Connect with us

FACEBOOK

Courts Dispose of TCPA Claims at Summary Judgment Post-Facebook – National Law Review

Published

on

August 18, 2021


Subscribe to Latest Legal News and Analysis

See also  How to Save Money With Facebook A/B Testing—No Matter Your Budget

Mintz Law Firm

Advertisement
free widgets for website

Wednesday, August 18, 2021

Back in April we reported on the Supreme Court’s landmark ruling in Facebook v. Duguid, highlighting the court’s narrow definition of an automatic telephone dialing system (“ATDS”). In Facebook the court found “that a necessary feature of an autodialer under [the TCPA] is the capacity to use a random or sequential number generator to either store or produce phone numbers to be called.” 141 S. Ct. 1163, 1173 (2021). Now, courts are applying Facebook’s holding to dispose of TCPA cases at summary judgment on the ATDS issue. See Timms v. USAA Federal Savings Bank, 2021 WL 2354931 (D.S.C. June 9, 2021); Barnett v. Bank of America, N.A., 2021 WL 2187950 (W.D. N.C. May 28, 2021).

Timms involves a plaintiff arguing that the dialing system at issue qualifies as an ATDS because it “dials numbers automatically without the assistance of an agent.” Timms, 2021 WL 2354931, at *4. First, the court rejected this argument because Facebook instructs that “the automatic dialing capability alone is not enough to qualify a system as an ATDS.” Id. Next, turning to the evidence, the court found that USAA’s dialing equipment – Aspect Unified IP (“Aspect UIP”) and Aspect Agent Initiated Contact (“Aspect AIC”) – did not violate the TCPA because neither system meets Facebook’s narrow definition of an ATDS. Indeed, the evidence showed both systems “are capable of making telephone calls only to specific telephone numbers from dialing lists created and loaded by” USAA. Id., at *7. Specifically – and notable for current TCPA defendants – the record established that USAA’s dialing systems worked as follows:

Advertisement
free widgets for website
  1. “Telephone numbers of all [USAA] members are stored in the Aspect Advanced List Management (‘ALM’)”;

  2. “Each day, [a USAA] representative identifies accounts he or she wishes to call the next day based on different criteria, such as ‘account is overlimit, the period of delinquency, [or] the amount of debt’”;

  3. “ALM creates a list of telephone numbers for members matching those criteria”;

  4. “The numbers are then transferred to Aspect UIP or Aspect AIC”;

  5. “Numbers are dialed from those pre-created lists”;

  6. “If the Aspect UIP system is used, the Aspect UIP system dials the numbers” and “[i]f a person answers, the call is connected to a live representative”; and

  7. “If the Aspect AIC system is used, the [USAA] representative initiates the call to a specific number on the list.”

Based on the evidence, the district court found that the systems at issue “cannot store or produce telephone numbers using a random or sequential number generator.” Id. at *7. Therefore, there was no TCPA violation.

Timms provides a blueprint for TCPA defendants who have been unable to dispose of TCPA cases at the pleading stage. Many SMS and dialing platforms on today’s market do not have the ability to randomly generate numbers to be dialed. The Supreme Court acknowledged this issue in Facebook, but stated “this Court cannot rewrite the TCPA to update it for modern technology.” Facebook, 141 S. Ct. at 1164. Accordingly, in cases where systems mirror the capacity of the Aspect system in Timms, litigants are encouraged to produce discovery on the relevant systems at issue and then bring early motions for summary judgment to dispose of TCPA claims.


©1994-2021 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.
National Law Review, Volume XI, Number 230

Advertisement
free widgets for website

Joshua Briones Litigation Lawyer Mintz

Member / Managing Member, Los Angeles Office

Joshua, Managing Member of the firm’s LA office, is a highly experienced trial lawyer with a national practice. He has received awards and national recognition for his innovative approach and specializes in high-stakes, bet-the-company litigation. He represents clients in such industries as financial services, building products, retail, pharmaceuticals, automotive, professional sports, food and beverage, petroleum, chemical manufacturing, health care, high technology, and higher education. He frequently publishes and lectures before national and local bar and industry…

Advertisement
free widgets for website

E. Crystal Lopez Associate Class Action TCPA & Consumer Calling Complex Commercial Litigation

Crystal focuses her practice on class action defense, with an emphasis on consumer fraud, data privacy, marketing and compliance issues claims. Crystal has extensive experience successfully defending against class action claims brought under the Telephone Consumer Protection Act, California Unfair Competition Law, False Advertising Law, the Fair Credit Reporting Act, the Hobby Protection Act and Auto-Renewal Law in both state and federal courts.

She has defended corporate clients against class actions at all stages of litigation, including…

Advertisement
free widgets for website

Esteban Morales, Mintz, Class Action Defense Lawyer, financial services litigation

Esteban is an experienced litigator whose practice is principally focused on class action defense and financial services litigation. Esteban has successfully defended both small and large corporate clients targeted in class action suits alleging violations of the Telephone Consumer Protection Act, California’s Unfair Competition Law, and California’s Invasion of Privacy Act. Results include dismissals at the pleading stage and without any discovery following aggressive defense strategies. In addition to defending class actions, Esteban has represented clients in real…

Advertisement
free widgets for website

Matthew Novian Complex Commercial Litigation Attorney

Matt focuses his practice on complex commercial litigation, including consumer protection matters. He has experience in drafting briefs and letters to opposing parties and in conducting depositions. In addition, Matt maintains an active pro bono practice, in which he counsels clients in matters related to immigration and domestic violence. He was a Law Clerk at Mintz in 2017. 

While attending law school, Matt was a summer associate at a Los Angeles-based law firm, where he worked on matters involving closely held corporations, commercial real estate disputes, and trademark licensing…

Advertisement
free widgets for website
Advertisement
free widgets for website

Read More

FACEBOOK

Facebook-Meta Earns the ‘Worst Company of 2021’ Title in This Survey

Published

on

By

facebook-meta-earns-the-‘worst-company-of-2021’-title-in-this-survey-–-news18
Facebook has had its share of controversies this year. The company was under more scrutiny after whistleblower Frances Haugen leaked a series of internal documents.

Facebook parent Meta has been named the Worst Company of the Year (2021) by Yahoo Finance respondents. According to the publication, an “open-ended” survey was published on Yahoo Finance on December 4 and 5, where 1,541 respondents participated. Facebook received 8 percent of the write-in vote, but respondents were seemingly mad about the Robinhood trading app as well. Electric truck startup Nikola, which was named last year’s worst company by the same publication also faced respondents ire.

Yahoo Finance notes, “Facebook has had its share of controversies this year.” Starting in January, Meta-owned WhatsApp got caught up in a huge controversy after the messaging app announced a new privacy policy (Terms of Service). WhatsApp said it would collect user information and share it with third-party apps for a better user experience. However, the app gave users no choice but later made modifications to the policy under pressure. Similarly, the company was under more scrutiny after whistleblower and former Facebook employee Frances Haugen leaked a series of internal documents showing the company’s problematic practices. It was revealed that Meta-owned Instagram had a negative impact on teenage girls, but the company did almost nothing to rectify the problem.

Yahoo Finance even highlights, “At the same time, some critics, including conservatives, say Facebook over-policed the platform’s speech and stifled their voices.” Critics also blame Facebook and other social media platforms for not curbing hate speech that led to Capitol Building riots.

See also  Vergecast: How smart are Facebook's glasses? - The Verge

However, around 30 percent of Yahoo Finance readers said that Facebook or Meta could redeem itself. One respondent suggested that the company could issue a formal apology for negligence and donate a sizable amount of its profits to a foundation to help reverse its harm.

On the other hand, respondents chose Microsoft as the Company of the Year (2021). The Satya Nadella-led company touched the trillion-mark this year and introduced notable upgrades. The most notable is the Windows 11 OS update that succeeds Windows 10.

Advertisement
free widgets for website
Continue Reading

FACEBOOK

Facebook pays 1.7 Cr fine to Russia after failing to delete content Moscow deems illegal

Published

on

By

facebook-pays-1.7-cr-fine-to-russia-after-failing-to-delete-content-moscow-deems-illegal

In the latest legal tussle with Russia over controversial social media regulation laws, Facebook paid 17 million roubles (Rs 1.7 Crore) for failing to remove content deemed illegal by Moscow. With a threat of potential larger fines looming, Facebook parent company Meta, owned by Mark Zuckerberg, is scheduled to face court next week over repeated violations of Russian legislation on content, Interfax News Agency reported. As per the latest updates, the social media giant could be fined a percentage of its annual revenue.

In October, Moscow sent state bailiffs to enforce the collection of 17 million roubles. Meanwhile, as per Interfax report citing a federal bailiffs’ database, on Sunday, there were more enforcement proceedings against the company. Apart from the popular social media app, Telegram has also paid 15 million roubles in fines for failing to comply with the Russian social media legislations that came into force in 2016.

Facebook pays $53k to Russia for refusing controversial social media laws

It is pertinent to mention that Facebook has locked horns with Moscow earlier in November, resulting in it paying 4 million roubles ($53,000) over its refusal to adhere to Russian data localisation laws, the Moscow Times reported. The Moscow court on November 25 had said that Facebook paid the fine levied in February, following which all proceedings against the US-based social media giant. The payment comes against the litigation filed against the company in 2018, alongside Twitter. The tech companies were also forced to pay an additional 3000 rubles ($40) for failing to comply with user data sharing rules as per the law. The Russian authorities have also previously blocked LinkedIn, owned by Microsoft, for failing to abide by the laws.

See also  Do faith groups love Facebook? It's complicated - Deseret News

Russian social media laws

As per Moscow Times, under the Russian social media regulation laws, all foreign technology companies are required to store data related to Russian customers and users on servers located in Russia. Additionally, the Russian tech companies will also have to share encryption data with the federal authorities as well as record user calls, messages and civil society group conversation records. The apparatus is said to be a severe breach of privacy rights and unfettered back-door access to personal data that could be used to harass Kremlin critics.

Continue Reading

FACEBOOK

Facebook Messenger Is Launching a Split Payments Feature for Users to Quickly Share Expenses

Published

on

By

Facebook Messenger Is Launching a Split Payments Feature for Users to Quickly Share Expenses

Meta has announced the arrival of a new Split Payments feature in Facebook Messenger. This feature, as the name suggests, will let you calculate and split expenses with others right from Facebook Messenger. This feature essentially looks to bring an easier method to share the cost of bills and expenses — for example, splitting a dinner bill with friends. Using this new Split Payment feature, Facebook Messenger users will be able to split bills evenly or modify the contribution for each individual, including their own.

The company took to its blog post to announce the new Split Payment feature in Facebook Messenger. 9to5Mac reports that this new bill splitting feature is still in beta and will be exclusive to US users at first. The rollout will begin early next week. As mentioned, it will help users share the cost of bills, expenses, and payments. This feature is especially useful for those who share an apartment and need to split the monthly rent and other expenses with their mates. It could also come handy at a group dinner with many people.

With Split Payments, users can add the number of people the expense needs to be divided with and, by default, the amount entered will be divided in equal parts. A user can also modify each person’s contribution including their own. To use Split Payments, click the Get Started button in a group chat or the Payments Hub in Messenger. Users can modify the contribution in the Split Payments option and send a notification to all the users who need to make payments. After entering a personalised message and confirming your Facebook Pay details, the request will be sent and viewable in the group chat thread.

See also  Facebook suspends Saad Rafique's account for sharing Burhan Wani's photo

Once someone has made the payment, you can mark their transaction as ‘completed’. The Split Payment feature will automatically take into account your share as well and calculate the amount owed accordingly.


For the latest tech news and reviews, follow Gadgets 360 on Twitter, Facebook, and Google News. For the latest videos on gadgets and tech, subscribe to our YouTube channel.

Advertisement
free widgets for website

Tasneem Akolawala is a Senior Reporter for Gadgets 360. Her reporting expertise encompasses smartphones, wearables, apps, social media, and the overall tech industry. She reports out of Mumbai, and also writes about the ups and downs in the Indian telecom sector. Tasneem can be reached on Twitter at @MuteRiot, and leads, tips, and releases can be sent to tasneema@ndtv.com.

Continue Reading

Trending