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Predictive Coding Prior Express Consent

Womble Bond Dickinson

Eleventh Circuit Holds an ATDS Must Have Capacity to Randomly or Sequentially Generate Numbers

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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

Womble Bond Dickinson

First Trial Court In Fourth Circuit Holds ATDS Requires Random or Sequential Number Generation

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For well over a year now since the D.C. Circuit’s opinion in ACA International v. FCC, the pendulum has swung back and forth amongst federal courts on the definition of an automatic telephone dialing system (ATDS) at...more

Womble Bond Dickinson

Cross-Fire: First Lower Court Within Third Circuit Squarely Holds TCPA ATDS Opinion in Dominguez Requires Random or Sequential...

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Thus far, lower courts within the Third Circuit have been all over the place in addressing the issue of ATDS functionality post-ACA Int’l, and the meaning of the Third Circuit’s opinion in Dominguez v. Yahoo!....more

Akin Gump Strauss Hauer & Feld LLP

Ninth Circuit Creates Split Of Authority as to TCPA’s Scope

• 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

Womble Bond Dickinson

“X”-Treme Marks the Spot: Ninth Circuit Takes Extreme Position – Holds That All Dialers That Call Automatically From Lists Are...

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We broke the news this morning that the Ninth Circuit published its opinion in Marks v. Crunch San Diego, LLC, No. 14-56834, 2018 WL 4495553 (9th Cir. Sept. 20, 2018). We now have a new definition of an ATDS in the Ninth...more

Bradley Arant Boult Cummings LLP

Can You Hear Me Now? Important Considerations for Avoiding Penalties under the TCPA after ACA International

In a previous blog post, we examined the “mixed bag” result of the D.C. Circuit Court of Appeals opinion in ACA International v. Federal Communications Commission. The ACA International decision narrowed the scope of...more

Womble Bond Dickinson

The Other Shoe Drops: District Court Holds (Twice) that Calls from Lists of Numbers are Robocalls Covered by the TCPA After All

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It has been a great run of ATDS decisions for TCPA defendants over the past few weeks. First, the Third Circuit Court of Appeal stated that Yahoo’s IM platform was not an ATDS for purposes of the TCPA because it did not...more

Womble Bond Dickinson

True Blue!: Yet Another Court Finds FCC’s TCPA Orders Were Vacated by ACA Int’l and Calls to Lists of Numbers Not Robocalls...

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In a new district court opinion out of the E.D. District of Michigan a court found yesterday that dialers calling from a list do not qualify as automated telephone dialing systems (“ATDS”) under the TCPA unless they generate...more

Womble Bond Dickinson

TCPA ATDS Scorecard: A Mid-Summers’ Deep Dive into the Shifting ATDS Landscape post ACA Int’l

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Over the last few weeks we have written numerous articles assessing Telephone Consumer Protection Act (“TCPA”) cases addressing the scope of the statute’s definition of automated telephone dialing systems (“ATDs”) as the...more

Womble Bond Dickinson

TCPALand After Dark: FCC Seeks Comment on Two Obscure TCPA Petitions that Could Change Everything

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The FCC is up to something. As we’ve now thoroughly reported, the FCC is seeking public comment on the scope and architecture of the TCPA following the ACA Int’l petition. Those who listen to our podcast know that the...more

Womble Bond Dickinson

The Saga Continues: Fourth Post-ACA Int’l Case on ATDS Functionality Holds FCC’s 2003 Ruling “Still Stands”

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The saga continues in the post-ACA Int’l fight over ATDS functionality. Eric described Bad Reyes as the Empire Strikes Back. If that’s the case then that makes Marshall A New Hope, and Herrick the Return of the Jedi. Now...more

Womble Bond Dickinson

Time for Clarity: Two Courts Reach Opposite Conclusions on the Viability of the FCC’s Predictive Dialer Rulings on the Same Day...

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Herrick v. GoDaddy – ORDER Granting D MSJ 5.14.18 - As we reported yesterday May 15, 2018, a court in the Southern District of Florida just held that the FCC’s 2003 and 2008 predictive dialer rulings survived their brush...more

Womble Bond Dickinson

A New Day for Predictive Dialer TCPA Cases?: First Court Holds That FCC Predictive Dialer Rulings Survive ACA Int’l

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As soon as ACA Int’l was handed down, the debate began. Are predictive dialers still covered by the TCPA following ACA Int’l’s reversal of the FCC’s ATDS formulation or is the statute’s narrow definition now the law of the...more

Womble Bond Dickinson

Bringing it All Together: Court Rulings, FCC Petitions and New Proposed Legislation Impacting TCPA Definition of ATDS Following...

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The D.C. Circuit’s admonishment to the FCC over its failure to define “the precise functions that a device must have capacity to perform for it to be considered an ATDS” has created quite the fall out. Since ACA Int’l v. FCC,...more

Dorsey & Whitney LLP

Back to Basics: What is an “ATDS,” Really?

Dorsey & Whitney LLP on

Following the D.C. Circuit’s opinion in ACA Int’l v. FCC, No. 15-1211, 2018 U.S. App. LEXIS 6535 at *9 (D.C. Cir. Mar. 16, 2018) (“ACA Int’l”), members of the Bar on all sides have found themselves potentially living in a...more

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