The U.S. Supreme Court’s decision in Facebook, Inc. v. Duguid (2021) significantly changed how the Telephone Consumer Protection Act (TCPA) is enforced — especially in cases involving robocalls and automated texts.
For consumers and consumer protection attorneys, the ruling narrowed liability in important ways.
Here’s what happened and why it matters.
The Background: The TCPA and Autodialers
The TCPA prohibits certain calls and text messages made using an “automatic telephone dialing system” (ATDS) without prior consent.
Before 2021, many courts interpreted “autodialer” broadly. If a system could store and dial numbers automatically — even from a preexisting list — it often qualified.
This broad interpretation fueled thousands of TCPA lawsuits involving:
- Marketing text messages
- Debt collection calls
- Appointment reminders
- Fraud alerts
The Issue in Facebook v. Duguid
Noah Duguid received repeated security alert text messages from Facebook — even though he did not have a Facebook account.
He sued under the TCPA, arguing that Facebook used an autodialer.
The key legal question:
What qualifies as an “automatic telephone dialing system”?
The statute defines an ATDS as equipment that has the capacity:
“to store or produce telephone numbers to be called, using a random or sequential number generator; and to dial such numbers.”
The fight centered on whether the phrase
“using a random or sequential number generator”
applies to both “store” and “produce” — or only to “produce.”
The Supreme Court’s Holding
In a unanimous decision, the Court ruled:
To qualify as an autodialer, the system must use a random or sequential number generator to either:
- Generate numbers, or
- Store numbers generated in that way.
Simply dialing from a stored customer list is not enough.
In practical terms:
Most modern dialing systems that call from curated lists (customer databases, lead lists, account holders) no longer qualify as autodialers under the TCPA.
Why This Decision Was So Significant
Before Duguid:
- Many predictive dialers and mass texting platforms were vulnerable to TCPA liability.
- Plaintiffs relied heavily on broad interpretations of ATDS.
After Duguid:
- Liability for autodialed calls narrowed dramatically.
- Many pending cases were dismissed.
- Plaintiffs had to shift focus to other TCPA provisions.
What Claims Survive After Duguid?
The TCPA still prohibits:
1. Prerecorded or Artificial Voice Calls
Calls to cell phones using prerecorded voices still require consent — even if no autodialer is used.
2. Calls to Residential Lines
Certain telemarketing calls to home lines remain restricted.
3. Do-Not-Call Violations
Telemarketers must maintain internal do-not-call lists and honor opt-outs.
4. State Law Claims
Some states have broader telemarketing laws that may still apply.
The Broader Impact on Consumer Law
The Facebook decision reflects a larger judicial trend:
- Narrowing expansive statutory interpretations
- Requiring strict textual analysis
- Limiting regulatory and plaintiff-driven expansions of liability
Combined with cases like Spokeo and TransUnion, the Court has signaled that:
Courts will strictly interpret statutory language and will not extend liability beyond clear congressional text.
What This Means for Consumers
The TCPA is not dead — but it is more limited.
Consumers may still have claims when:
- They receive prerecorded robocalls without consent
- Telemarketers ignore opt-out requests
- Companies violate do-not-call rules
- Calls involve random or sequential number generation
However, many routine marketing texts from stored customer lists no longer qualify as TCPA autodialer violations.
The Takeaway
Facebook v. Duguid narrowed the definition of autodialer under the TCPA — significantly reducing the scope of certain robocall lawsuits.
For consumer law practitioners, it required recalibrating litigation strategy.
For consumers, it means the analysis is now more technical — and more fact-specific.
Understanding how a company’s dialing system works is now central to any TCPA claim.
If you believe you are receiving unlawful robocalls or texts, you can submit questions here:
👉 https://theconsumerbar.com/ask-the-bartender
Consumer protection law continues to evolve — and staying informed is critical.
