WASHINGTON–CUNA has filed an amicus brief in support of Facebook’s petition seeking the Supreme Court’s review of a ninth circuit decision in the Telephone Consumer Protection Act (TCPA case Duguid vs. Facebook, Inc.
As part of the amicus brief, CUNA said it emphasized the need for the Supreme Court to resolve the conflicting definitions of an autodialer in the TCPA and expressed concern about the ninth circuit’s overly broad definition of the term.
“Credit unions seeking to comply with the Telephone Consumer Protection Act (TCPA) confront a fractured and confusing legal landscape where any misstep—such as inadvertently calling a wrong number, misapplying one of the many content-based exemptions, or using modern telephone systems— could lead to strict liability for uncapped statutory damages ranging from $500 to $1,500 per call or text message,” CUNA said. “TCPA class action awards often reach into the tens of millions of dollars. In light of the staggering statutory damages, and with no good faith exception to liability, TCPA lawsuits have become ubiquitous. The ever-present threat of litigation severely hampers credit unions’ ability to communicate with their members.”
The full CUNA brief can be read here.