High Court Weighs In on Auto Dialer Definition Under TCPA in 'Facebook v. Duguid'
While this decision will eliminate TCPA litigation based on claims that the call or text was made from a device that had the mere "capacity" to store numbers to be called and to dial such numbers automatically, it will not eliminate all TCPA litigation.
June 23, 2021 at 12:57 PM
5 minute read
Samantha Duke of Rumberger Kirk. Courtesy photo
Recently, in a win to many businesses and defendants, the U.S. Supreme Court ruled in Facebook v. Duguid, that to qualify as an automatic telephone dialing system (ATDS) or auto dialer under the Telephone Consumer Protection Act (TCPA), the device must have the capacity to either store the telephone number using a random or sequential number generator or produce a telephone number using a random or sequential number generator.
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