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Expert Analysis

Pa. Ruling Supports Common-Sense Application Of TCPA

Law360, New York (May 13, 2014, 1:05 PM EDT) -- On March 21, 2014, the Eastern District of Pennsylvania in Dominguez v. Yahoo! Inc.[1] held that defendant Yahoo did not violate the Telephone Consumer Protection Act because Yahoo's SMS system could not "randomly or sequentially generate telephone numbers." The Dominquez court is the most recent to weigh in on one of the most controversial and high-stakes issues under the TCPA — what types of technologies are considered automated telephone dialing systems ("ATDS"), dictated by the TCPA. The Dominquez decision represents a narrow view of the definition of an ATDS but will by no means put to rest the furious debate....

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