by David O. Klein
It has been about one year and eight months since the United States
Supreme Court released its landmark decision in Facebook
v. Duguid. Since then, numerous courts have incorporated Facebook into
their opinions, with variations in their interpretations. For many
plaintiffs filing suit under the TCPA, Footnote 7 of the Facebook
decision has provided them with a fighting chance in many of these
courts. On November 16, 2022, the Ninth Circuit Court of Appeals
issued its own analysis of the breadth of the Facebook decision, and
the application of Footnote 7, in Borden v. eFinancial. In time, as
detailed herein, Borden may well prove to be the most definitive
pro-defendant circuit court decision to date.
https://www.mondaq.com/article/news/1254710?q=1803232&n=624&tp=4&tlk=1&lk=23
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