The Telephone Consumer Protection Act of 1991 (TCPA) is a federal law designed to protect consumers from unwanted telemarketing and intrusive solicitation practices. Many states have also enacted similar state laws governing telephone solicitations, so called “mini-TCPAs.” One such state is Texas, which has had a mini-TCPA in place since 2009.

The Texas mini-TCPA applies

At the beginning of April 2021, the U.S. Supreme Court unanimously ruled in favor of Facebook in Facebook, Inc. v. Duguid, reversing the decision of the Ninth Circuit Court of Appeals , holding: “To qualify as an ‘automatic telephone dialing system’ under the Telephone Consumer Protection Act (TCPA), a device must have the capacity