High Court Must Right FCC's Failure To Define Autodialers

Law360 (July 17, 2020, 5:48 PM EDT) -- On July 10, the U.S. Supreme Court granted cert in Facebook Inc. v. Duguid, which brings squarely before the court the question of what constitutes an autodialer under the Telephone Consumer Protection Act. The court's decision to grant cert may say as much about the Federal Communications Commission as it does the TCPA.

The question of what constitutes an automatic telephone dialing system, or ATDS, and, therefore, what types of telecommunications devices may be subject to the TCPA, has been at the heart of thousands of lawsuits filed over the past few years.

Over the past year, federal circuit courts have...

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