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.[1] 

Key Takeaways

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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