High Court's Autodialer Ruling Raises Bar For TCPA Plaintiffs
By Andrew Wong, Amisha Patel and Amy Lesperance (April 2, 2021, 4:51 PM EDT) -- On April 1, the U.S. Supreme Court issued its widely anticipated ruling in Facebook Inc. v. Duguid, adopting a narrow construction of the definition of "automatic telephone dialing system," or ATDS, for purposes of liability under the Telephone Consumer Protection Act.
The Supreme Court unanimously held that an ATDS must have the capacity either (1) to store a telephone number using a random or sequential generator; or (2) to produce a telephone number using a random or sequential number generator.
The ruling resolves an even 3-3 circuit split and adopts the view of the U.S. Courts of Appeal for...
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