- 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
Key Points
- On January 27, 2020, the 11th Circuit held that telephone equipment must randomly or sequentially generate numbers in order to constitute an “automatic telephone dialing system” (ATDS) under the Telephone...more
• In Salcedo v. Hanna, the court found that a single text message sent in alleged violation of the TCPA does not result in concrete injury required by Article III.
• A single text message does not result in the type of...more
• Companies across industries have been facing TCPA litigation based upon calls and text messages to reassigned telephone numbers.
• On December 12, 2018, the FCC—with the support of many parties and industry groups—voted...more
• Companies across industries continue to face TCPA litigation and address compliance challenges.
• The FCC will soon be addressing key TCPA issues in the wake of the D.C. Circuit’s ruling in ACA International.
• One...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