Facebook, Inc. v. Duguid

Case Updates

The Supreme Court ruled 9-0 that an autodialer must have the capacity to use a random or sequential number generator to store or produce phone numbers. The U.S. Chamber filed a coalition amicus brief supporting this result, as well as a brief in support of certiorari and a brief when this case was before the Ninth Circuit.

The coalition amicus brief argues that the Ninth Circuit’s interpretation violates the First Amendment by prohibiting billions of calls and texts from smartphones and by suppressing valuable communications between businesses and their customers. The U.S. Chamber filed a successful amicus brief at the cert. stage and a brief when this case was before the Ninth Circuit.

Shay Dvoretzky and Jeffrey R. Johnson of Jones Day served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

The U.S. Chamber and Business Roundtable filed an amicus brief arguing that (i) the Court should reject the Ninth Circuit’s expansive view of an “automatic telephone dialing system” subject to the TCPA’s prohibitions; and (ii) after holding that an exception to the TCPA’s prohibitions violated the First Amendment, the proper remedy was to invalidate the prohibitions, not the exception. The U.S. Chamber previously filed amicus briefs at the panel stage in the Ninth Circuit.

Shay Dvoretzky and Jeffrey R. Johnson of Jones Day served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.