Litigation surrounding the Telephone Consumer Protection Act ("TCPA") is constantly changing. With this evolution, new issues arise on an almost daily basis, challenging those prosecuting and defending these claims. An increasingly litigated issue is whether calls are made using an Automatic Telephone Dialing System ("ATDS"). The TCPA defines an ATDS as equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator to dial such numbers. We highlight here some of the latest ATDS developments.
Please see full E-note below for more information.