- In a departure from the majority view, the 2nd Circuit has held that a texting platform need not have the capacity for random or sequential number generation in order to constitute an an automatic telephone dialing system...more
• Parting company with the 3rd Circuit, the 9th Circuit has ruled that equipment that can automatically dial stored numbers may qualify as an ATDS under the TCPA.
• The ruling creates a split of authority as to whether the...more
9/26/2018
/ ATDS ,
Auto-Dialed Calls ,
FCC ,
Predictive Coding ,
Prior Express Consent ,
Smartphones ,
Split of Authority ,
Statutory Interpretation ,
TCPA ,
Telecommunications ,
Vacated
• In most TCPA cases, a threshold question is whether a called party has provided prior express consent to receive calls (or texts) using an automatic telephone dialing system.
• While numerous courts have ruled that a party...more
9/6/2018
/ Auto-Dialed Calls ,
Contract Terms ,
Corporate Counsel ,
Debt Collection ,
Debt Collectors ,
Dish Network ,
FCC ,
Prior Express Consent ,
Revocation ,
Robocalling ,
Summary Judgment ,
TCPA ,
Telecommunications ,
Telemarketing ,
Text Messages