The flurry of activity continues today following the big Facebook ruling and I wanted to make sure you all had the benefit of events on the ground.
As TCPA defendants begin making their victory lap I’ve already collected quite a bit of pushback from Plaintiff’s lawyers arguing that we’re overselling this thing.
Specifically, they look at footnote 7 and see an avenue toward ATDS claims continuing.
From their perspective Facebook only blesses systems that send text messages one to one in response to some human initiation or engagement, not all dialers that call from a list.
Argument is that Marks is still viable in certain settings thanks to footnote 7 and that predictive dialers might still be covered by the statute because the numbers are selected randomly or sequentially o be dialed from a list.
The Archduke will break this down further but this is a very interesting twist, even if it feels like a stretch.