TCPA Suits Get Another Boost As 3rd Circ. Defines Autodialer
Law360, New York (October 26, 2015, 9:55 PM EDT) -- The Third Circuit on Friday endorsed the Federal Communications Commission's broad definition of "autodialer" in reviving a Telephone Consumer Protection Act suit against Yahoo, further expanding the universe of businesses that can be dragged into the growing class action fold, attorneys say.
In its opinion, the three-judge appellate panel ruled that although the commission's July 10 declaratory ruling on the issue was "hardly a model of clarity," it was interpreting the opinion as defining autodialer by its ability to store or produce numbers that are randomly or sequentially generated, even if the autodialer isn't currently used for that purpose.
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