Facebook Inc. v. Duguid

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
19-511	9th Cir.	Dec 8, 2020	Apr 1, 2021	9-0	Sotomayor	OT 2020

Holding: To qualify as an "automatic telephone dialing system" under the Telephone Consumer Protection Act of 1991, a device must have the capacity either to store, or to produce, a telephone number using a random or sequential number generator.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Sotomayor on April 1, 2021. Justice Alito filed an opinion concurring in the judgment.

SCOTUSblog Coverage

Supreme Court sides with Facebook in narrowing the federal robocall ban (Amanda Shanor, April 2, 2021)
Court says Facebook did not violate anti-spam law when it sent unwanted text messages (James Romoser, April 1, 2021)
Argument analysis: Justices at odds over federal robocall ban in the face of technological change (Amanda Shanor, December 10, 2020)
Case preview: Justices again take on anti-robocall law (Amanda Shanor, December 7, 2020)
Justices release December calendar (Amy Howe, September 16, 2020)
Before the summer recess, one last set of grants (Amy Howe, July 9, 2020)
Petitions of the week (Andrew Hamm, January 24, 2020)

Date	Proceedings and Orders (key to color coding)
10/17/2019	Petition for a writ of certiorari filed. (Response due November 20, 2019)
11/07/2019	Blanket Consent filed by Petitioner, Facebook, Inc.
11/18/2019	Waiver of right of respondent Noah Duguid to respond filed.
11/20/2019	Brief amicus curiae of Credit Union National Association, Inc. filed.
11/20/2019	Brief of respondent United States filed.
11/20/2019	Brief amici curiae of Midland Credit Management, Inc. and Encore Capital Group, Inc. filed.
11/20/2019	Brief amici curiae of Chamber of Commerce of the United States of America and Business Roundtable filed.
11/20/2019	Brief amicus curiae of ACA International, Inc. filed.
11/20/2019	Brief amicus curiae of Retail Litigation Center, Inc. filed.
11/25/2019	Waiver of the 14-day waiting period under Rule 15.5 filed.
11/26/2019	DISTRIBUTED for Conference of 12/13/2019.
12/02/2019	Reply of petitioner Facebook, Inc. filed. (Distributed)
12/04/2019	Response Requested. (Due January 3, 2020)
01/03/2020	Brief of respondent Noah Duguid in opposition filed.
01/06/2020	Letter waiving the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed.
01/08/2020	DISTRIBUTED for Conference of 1/24/2020.
01/10/2020	Reply of petitioner Facebook, Inc. filed. (Distributed)
07/07/2020	Supplemental brief of petitioner Facebook, Inc. filed. (Distributed)
07/08/2020	DISTRIBUTED for Conference of 7/8/2020.
07/08/2020	Supplemental brief of respondent Noah Duguid filed.
07/09/2020	Petition GRANTED limited to Question 2 presented by the petition.
07/24/2020	Motion for an extension of time filed.
07/24/2020	Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 4, 2020. The time to file respondents' brief on the merits is extended to and including October 16, 2020.
09/04/2020	Brief of respondent United States in support filed.
09/04/2020	Joint appendix filed.
09/04/2020	Brief of petitioner Facebook, Inc. filed.
09/10/2020	Brief amicus curiae of Washington Legal Foundation filed.
09/10/2020	Brief amici curiae of Professional Association for Customer Engagement and Noble Systems Corporation filed.
09/11/2020	Brief amicus curiae of Home Depot, Inc. filed.
09/11/2020	Brief amicus curiae of Salesforce.com, Inc. filed.
09/11/2020	Brief amicus curiae of Midland Credit Management, Inc. filed.
09/11/2020	Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
09/11/2020	Brief amicus curiae of Credit Union National Association, Inc. filed.
09/11/2020	Brief amicus curiae of Portfolio Recovery Associates, LLC filed.
09/11/2020	Brief amicus curiae of Quicken Loans, LLC filed.
09/11/2020	Brief amici curiae of “On-Demand” Technology Platforms filed.
09/11/2020	Brief amici curiae of Retail Litigation Center, Inc., et al. filed.
09/11/2020	Brief amici curiae of Life Insurance Direct Marketing Association, American Property Casualty Insurance Association and Consumer Credit Industry Association filed.
09/11/2020	Brief amici curiae of Healthcare Companies filed.
09/16/2020	SET FOR ARGUMENT on Tuesday, December 8, 2020.
10/08/2020	Record requested from the U.S.C.A. 9th Circuit.
10/08/2020	Record received from the U.S.C.A. 9th Circuit is electronic and located on PACER.
10/16/2020	Brief of respondent Noah Duguid filed.
10/23/2020	Brief amici curiae of Electronic Privacy Information Center, et al. filed. (Distributed)
10/23/2020	Brief amici curiae of 21 Members of Congress filed. (Distributed)
10/23/2020	Brief amici curiae of State of North Carolina, et al. filed. (Distributed)
10/23/2020	Brief amicus curiae of Main Street Alliance filed. (Distributed)
10/23/2020	Brief amici curiae of John McCurley and Dan Deforest filed. (Distributed)
10/23/2020	Motion for divided argument filed by petitioner Facebook, Inc.
10/23/2020	Brief amicus curiae of Dr. Henning Schulzrinne filed. (Distributed)
10/23/2020	Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
10/27/2020	CIRCULATED
11/09/2020	Motion for divided argument filed by petitioner GRANTED.
11/16/2020	Reply of petitioner Facebook, Inc. filed. (Distributed)
11/16/2020	Reply of respondent United States in support of petitioner filed. (Distributed)
12/08/2020	Argued. For petitioner: Paul D. Clement, Washington, D. C. For respondent United States in support of petitioner: Jonathan Y. Ellis, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent Noah Duguid: Bryan A. Garner, Dallas, Tex.
04/01/2021	Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Kagan, Gorsuch, Kavanaugh, and Barrett, JJ., joined. Alito, J., filed an opinion concurring in the judgment.
05/03/2021	JUDGMENT ISSUED.