Facebook Tells 9th Circuit TCPA Is Unconstitutional, Defends ‘Unique’ Texts

Mealey's (November 9, 2018, 12:59 PM EST) -- SAN FRANCISCO — In a Nov. 8 supplemental appellee brief, Facebook Inc. disputes the U.S. government’s defense of the constitutionality of the Telephone Consumer Protection Act (TCPA), arguing to the Ninth Circuit U.S. Court of Appeals that a recent ruling defining an automatic telephone dialing system (ATDS) under the statute does not apply to the present case because the text messages received by the plaintiff were targeted and unique (Noah Duguid v. Facebook Inc., No. 17-15320, 9th Cir.)....