Facebook has said the messages were sent by mistake because the man's cell phone number was recycled and previously belonged to another user.
As part of its defense, Facebook argues that a federal appeals court that allowed the lawsuit to go forward misinterpreted the law against robocalls and petitioned the Supreme Court to review that court's decision. "Billions of dollars are at stake in putative class actions seeking $1,500-per-call statutory penalties. The lower courts are hopelessly fractured, and certiorari is warranted," FacebookThe law in question is the Telephone Consumer Protection Act, a 1991 measure that made it illegal for companies to use an autodialer to contact people without permission and imposes a $1,500 fine per violation.
The US Court of Appeals for the Ninth Circuit allowed the class action suit against Facebook to proceed based on an of "autodialer" to include services like Facebook's text message alerts, which are automatically sent in response to triggers like a suspicious login to someone's account. Facebook argues that "autodialers" should be defined more narrowly as systems that randomly call or text any phone number.
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