Supreme Court To Resolve Circuit Split On TCPA Autodialer Definition

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On December 8, 2020, the United States Supreme Court will hold oral arguments to finally resolve a deepening split of authority in the Circuit Courts of Appeal regarding the definition of an "autodialer" under the Telephone Consumer Protection Act (TCPA) which definition has spawned extensive litigation and cost many businesses substantial dollars.

Since 1991, the TCPA has been intended to protect consumers from unwanted telemarketing calls and generally prohibits (among other things) the use of an "automated telephone dialing system" (ATDS or autodialer) to call wireless telephone numbers without the appropriate prior consent. This includes text messaging.

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