WASHINGTON: The U.S. Supreme Court on Thursday made it easier for businesses to pester consumers with phone calls or text messages by tossing out a lawsuit accusing Facebook Inc of violating a federal anti-robocall law.
The justices, in a 9-0 decision authored by Justice Sonia Sotomayor, sided with Facebook over its argument that text messages the social media company sent did not violate a 1991 federal law called the Telephone Consumer Protection Act (TCPA).
The case highlighted the challenge for the justices in applying outdated laws to modern technologies. The ruling sparked calls for the U.S. Congress to update the law, enacted three decades ago to curb telemarketing abuse by banning most unauthorized robocalls.
"By narrowing the scope of the TCPA, the court is allowing companies the ability to assault the public with a non-stop wave of unwanted calls and texts, around the clock," Democratic Senator Edward Markey and Democratic Representative Anna Eshoo said in a joint statement.
The court ruled that Facebook's actions - sending text messages without consent - did not fit within the technical definition of the type of conduct barred by the law, which was enacted before the rise of modern cellphone technology.
The lawsuit was filed in 2015 in California federal court by Montana resident Noah Duguid, who said Facebook sent him many automatic text messages without his consent. The lawsuit accused Menlo Park, California-based Facebook of violating the Telephone Consumer Protection Act's restriction on using an automatic telephone dialing system.
Facebook said the security-related messages, triggered when users try to log in to their accounts from a new device or internet browser, were tied to users' cellphone numbers.
"As the court recognized, the law's provisions were never intended to prohibit companies from sending targeted security notifications and the court's decision will allow companies to continue working to keep the accounts of their users safe," Facebook said in a statement.
Sergei Lemberg, Duguid's lawyer, said anyone could steer clear of liability under the law as long as they use similar technology to Facebook's.
"This is a disappointing ruling for anyone who owns a cellphone or values their privacy," Lemberg added.
In this instance, the lawsuit asserted that Facebook's system that sent automated text messages was akin to a traditional automatic dialing system - known as an autodialer - used to send robocalls.
"Duguid's quarrel is with Congress, which did not define an autodialer as malleably as he would have liked," Sotomayor wrote in the ruling.
The law requires that the equipment used must use a "random or sequential number generator" but the court concluded that Facebook's system "does not use such technology," Sotomayor added.
Duguid said that Facebook repeatedly sent him account login notifications by text message to his cellphone even though he was not a Facebook user and never had been. Despite numerous efforts, Duguid said he was unable to stop Facebook from "robotexting" him.
Facebook responded that Duguid had most likely been assigned a phone number that had been previously associated with a Facebook user who had opted in to receive the notifications.
A federal judge threw out the lawsuit but in 2019 the San Francisco-based 9th U.S. Circuit Court of Appeals revived it. The 9th Circuit took a broad view of the law, saying it not only bans devices that automatically dial randomly generated numbers but also stored numbers that are not randomly generated.
The National Association of Federally-Insured Credit Unions said the decision "to narrowly interpret autodialers is a win for the credit union industry."
"We have long fought for this clarity to ensure credit unions can contact their members with important, time-sensitive financial information without fear of violating the TCPA and facing frivolous lawsuits," the association said in a statement.
Reuters
Fri Apr 02 2021
The Facebook logo is displayed on a mobile phone in this picture illustration taken December 2, 2019. REUTERS pic
2TM: Consultations on PTPTN loans, admission to IPTA at MOHE booth
Consultations on PTPTN loans and admission to IPTA are among services provided at the Higher Education Ministry booth.
Kampung Tanjung Kala residents affected by flooded bridge every time it rains heavily
Almost 200 residents from 60 homes in Kampung Tanjung Kala have ended up stuck when their 200-metre (m) long concrete bridge flooded.
COP29 climate summit draft proposes rich countries pay $250 billion per year
The draft finance deal criticised by both developed and developing nations.
Bomb squad sent to London's Gatwick Airport after terminal evacuation
This was following the discovery of a suspected prohibited item in luggage.
Kelantan urges caution amidst northeast monsoon rains
Kelantan has reminded the public in the state to refrain from outdoor activities with the arrival of the Northeast Monsoon season.
Former New Zealand PM Jacinda Ardern receives UN leadership award
Former New Zealand prime minister Jacinda Ardern was given a global leadership award by the United Nations Foundation.
ICC'S arrest warrants for Netanyahu, Gallant an apt decision - PM
The decision of the ICC to issue arrest warrants against Benjamin Netanyahu and Yoav Gallant is apt, said Datuk Seri Anwar Ibrahim.
KTMB provides two additional ETS trains for Christmas, school holidays
KTMB will provide two additional ETS trains for the KL Sentral-Padang Besar route and return trips in conjunction with the holidays.
BNM'S international reserves rise to USD118 bil as at Nov 15, 2024
Malaysia's international reserves rose to US$118.0 billion as at Nov 15, 2024, up from US$117.6 billion on Oct 30, 2024.
Findings by dark energy researchers back Einstein's conception of gravity
The findings announced are part of a years-long study of the history of the cosmos focusing upon dark energy.
NRES responds to Rimbawatch press release on COP29
The Ministry of Natural Resources and Environmental Sustainability (NRES) wishes to offer the following clarifications to the issues raised.
Online Safety Bill and Anti-Cyberbullying Laws must carefully balance rights and protections
The Online Safety Advocacy Group (OSAG) stands united with people in Malaysia in the fight against serious online harms.
Malaysia's inflation at 1.9 pct in Oct 2024 - DOSM
Malaysia's inflation rate for October 2024 has increased to 1.9 per cent, up from 1.8 per cent in September this year.
Saudi Arabia showcases Vision 2030 goals at Airshow China 2024
For the first time, Saudi Arabia is participating in the China International Aviation & Aerospace Exhibition held recently in Zhuhai.
King Charles' coronation cost GBP 71mil, govt accounts show
The coronation of Britain's King Charles cost taxpayers GBP72 million (US$90 million), official accounts have revealed.
Couple and associate charged with trafficking 51.9 kg of meth
A married couple and a man were charged in the Magistrate's Court here today with trafficking 51.974 kilogrammes of Methamphetamine.
PDRM to consult AGC in completing Teoh Beng Hock investigation
The police may seek new testimony from existing witnesses for additional insights into the investigation of Teoh Beng Hock's death.
Thai court rejects petition over ex-PM Thaksin's political influence
Thailand's Constitutional Court rejects a petition seeking to stop Thaksin Shinawatra from interfering in the running the Pheu Thai party.
Abidin takes oath of office as Sungai Bakap assemblyman
The State Assemblyman for Sungai Bakap, Abidin Ismail, was sworn in today at the State Assembly building, Lebuh Light.
UPNM cadet officer charged with injuring junior, stomping on him with spike boots
A cadet officer at UPNM pleaded not guilty to a charge of injuring his junior by stomping on the victim's stomach with spike boots.