In a potentially game-changing decision, the Supreme Court today unanimously agreed that the TCPA’s definition of autodialer is narrow. Writing for the Court, Justice Sotomayor determined that “Congress’ definition of an...more
4/7/2021
/ ATDS ,
Auto-Dialed Calls ,
Do Not Call List ,
Facebook ,
Facebook Inc v Duguid ,
Random or Sequential Number Generator ,
Robocalling ,
SCOTUS ,
Split of Authority ,
TCPA ,
TRACED Act
The FCC’s proceedings regarding the definition of the term “automatic telephone dialing system” have been pending since May of 2018 when, shortly after the D.C. Circuit’s opinion in ACA International v. FCC, the Commission...more
6/29/2020
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
p2p ,
Peer-to-Peer ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
Written by David Carter On Friday, May 1, 2020, the FCC released an Order adopting new rules to implement the Pallone-Thune Telephone Robocall Abuse Criminal Enforcement and Deterrence Act (TRACED Act), which calls for...more
The Eleventh Circuit has spoken on the interpretation of the automatic telephone dialing system (“ATDS”) definition, and held that to qualify as an ATDS a device must have the capacity to randomly or sequentially generate...more
1/29/2020
/ ATDS ,
Auto-Dialed Calls ,
Corporate Counsel ,
Debt Collection ,
Do Not Call List ,
FCC ,
Jurisdiction ,
Predictive Coding ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Statutory Interpretation ,
TCPA ,
Willful Violations
The Senate has voted to adopt the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act (S 151), with modifications that were negotiated between the House and Senate. The House adopted the legislation...more
12/20/2019
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
Legislative Agendas ,
Pending Legislation ,
Robocalling ,
Statute of Limitations ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages
The House Energy and Commerce Committee is poised to consider a revised version of Chairman Pallone’s (D-NJ) “Stopping Bad Robocalls Act.” The revised bill was introduced this morning and consideration of the legislation by...more