Topic
Autodialing
155 published works
Regulatory Oversight
FCC Draft Order Would Narrow TCPA Consent Revocation Rules for Automated Calls and Texts
By Troutman Pepper Locke State Attorneys General Team
On September 9, 2026, the Federal Communications Commission (FCC) circulated a draft order that would narrow how consumer revocations of consent apply under the Telephone Consumer Protection Act (TCPA). If…
Government Contracts Law
FCC Makes a Call on AI
On August 7, 2024 the Federal Communications Commission (FCC) adopted a new Notice of Proposed Rule Making (NPRM) proposing regulations that prohibit the use of AI in automated dialing or…
Inside Global Tech
Second Circuit: a Device that Dials from a Stored List Is Not an “ATDS” under the TCPA
By Yaron Dori
On May 10, 2024, a divided Second Circuit panel held that a device that merely selects and dials numbers from a stored list does not constitute an “automatic telephone dialing…
Consumer Financial Services Law Monitor
Colorado Federal Court Declines to Dismiss TCPA Claim: Finds ATDS Plausibly Alleged Based on Reasoning in Facebook’s Footnote 7
By Joshua Howell, Meagan Mihalko, Stefanie Jackman
More than two years after the Supreme Court's opinion in Facebook v. Duguid, courts and litigants continue to wrestle with the statutory definition of "automatic telephone dialing system" (ATDS) under…
Media & Privacy Risk Report
TCPA Turnstile: Scoping out the TCPA – 2023 Midyear Update (TCPA Case Update Vol. 18)
By Erica L Schuman, Bryan K. Clark
Just over halfway through 2023, nationwide TCPA jurisprudence is focused on further delineating the scope of the TCPA. As the dust settles from earlier battles over defining ATDS requirements, the…
Chicago Business Litigation Lawyer Blog
Federal Appeals Court Narrows Meaning of “Automatic Telephone Dialing System” Under Telephone Consumer Protection Act
By Peter S. Lubin, Patrick Austermuehle
The Telephone Consumer Protection Act (TCPA) imposes liability for calling or texting cellular phone numbers using an Automatic Telephone Dialing System (ATDS) without sufficient prior express consent. The TCPA defines…
Consumer Financial Services Law Monitor
Second Circuit Affirms Dismissal of TCPA Case for Failure to Plead Use of an ATDS
By Virginia Bell Flynn, Tina Safi Felahi, Jenny Chien
On January 9, the district court for the Eastern District of New York dismissed a pro se plaintiff's TCPA lawsuit for failure to properly allege that the defendants used an…
RopesDataPhiles
Game of Phones: Revisiting the Autodialer
By Fran Faircloth, Matthew Cin
We’ve been closely watching the evolution of telemarketing laws since the Supreme Court’s 2021 decision in Facebook v. Duguid, which held that most modern dialing systems are not autodialers—or “automated…
Consumer Finance Monitor
Ninth Circuit panel follows circuit precedent on TCPA autodialer definition but concurring judge takes issue with precedent
By Daniel JT McKenna, Joel E. Tasca
A Ninth Circuit panel affirmed the district court’s dismissal with prejudice of a class action complaint in which the plaintiff alleged that Meta Platforms, Inc. (Meta) violated the Telephone Consumer…
TCPA Watch
Ninth Circuit Answers Lingering Question on Scope of ‘Autodialer’
Joseph C. Wylie II, Nicole C. Mueller, Jonathan R. Vaitl Since the U.S. Supreme Court issued its decision in Facebook v. Duguid,1 district courts have wrestled with the language of…