Keep Up Already! 3 Quick Graphics Demonstrate the Rapid Evolution of the TCPA’s ATDS Landscape
By Eric J. Troutman, Squire Patton Boggs (US) LLP
As we recently reported on TCPAWorld.com, the Sixth Circuit Court of Appeals has now entered into the fray and held that the TCPA’s ATDS definition applies to dialers that call (or text) from a list of numbers automatically, at least when the dialer is being used in automatic fashion. Previously the Sixth Circuit was an “undecided” jurisdiction.
So how big–and bad–are these changes for TCPA defendants? Let’s look at the visualizations.
The original heatmap we prepared as part of the Squire Patton Boggs 2019 TCPA Year End Review, shows much of the country still undecided. This map was prepared in February, 2020 – just five months ago. You’ll notice the Sixth Circuit was leaning red at the time but the Second Circuit was yellow:
Just a few weeks ago we updated the ATDS heatmap to account for recent decisions, including Duran and the Trump case out of the Eleventh Circuit. Now the Second Circuit was deep red and the Eighth Circuit was leaning red. The Sixth Circuit, meanwhile, had reverted to neutral:
JULY 15, 2020
Following the events of the last few weeks, the heatmap has taken a decidedly crimson turn as two big pro-Plaintiff ATDS cases have turned the playing field on its head. Here is the updated version:
JULY 30, 2020
That’s a pretty gory map. As you can see, well over half the nation is now following, or leaning toward, the Marks approach. This is a clear departure from where we were a few months back. And with briefing due in the SCOTUS Facebook appeal next month, the Plaintiff’s bar certainly has the wind at its back.
I recently had a huge webinar for Statflo where I discussed ATDS issues and a whole bunch more. Please click on this LINK for the webinar materials.
Please check back with TCPAWorld.com as we’ll continue to keep an eye on the ATDS landscape for you.