Topic
Autodialing
155 published works
Privacy and Cybersecurity
The Ninth Circuit Further Narrows The Meaning Of ATDS Under The Telephone Consumer Protection Act
By Lisa Yun Pruitt, Shannon Petersen
Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA,…
Privacy and Cybersecurity
The Ninth Circuit Further Narrows The Meaning Of ATDS Under The Telephone Consumer Protection Act
By Lisa Yun Pruitt, Shannon Petersen
Among other things, the federal TCPA imposes liability for calling/texting cell phone numbers using an Automatic Telephone Dialing System (“ATDS”) without sufficient prior express consent. As defined by the TCPA,…
LenderLaw Watch
Third Circuit Rules that Caller Must Use An “Automatic Telephone Dialing System’s” Ability to Produce or Store Telephone Numbers Through Random or Sequential Number Generation to Trigger Potential Liability under the TCPA’s ATDS Provision
On June 14, 2022, the Third Circuit Court of Appeals (Third Circuit) issued a significant decision regarding the TCPA’s restrictions in Section 227(b)(1)(A)(iii) on using an automatic telephone dialing system…
Password Protected
TCPA Defendants Defeat Class Certification, Novel Autodialer Arguments; Lose Supreme Court Bid
By Sarah Zielinski, Jonathan Ellis, Amy Starinieri Gilbert, Tammy L. Adkins
Federal courts in recent Telephone Consumer Protection Act cases served up two victories and one disappointment for the defense. Siding with the defense, the 7th U.S. Circuit Court of Appeals…
Consumer Financial Services Law Monitor
Eighth Circuit Holds Text System That Randomly Selects Phone Numbers From Database Does Not Qualify as ATDS
By Virginia Bell Flynn, Chad R. Fuller, Brooke Conkle, Sarah Siu
On March 24, the Eighth Circuit Court of Appeals issued an opinion, upholding separate district court decisions finding that a system that sends promotional text messages to phone numbers randomly…
All About Advertising Law
“Indefinitely Postponed and Withdrawn From Consideration”: Florida Telephone Solicitation Act Amendments Wait for Another Day
By Liz Clark Rinehart, Venable LLP
We've previously detailed the problem with the Florida Telephone Solicitation Act (FTSA), which, on its face, expansively prohibits the use of "an automated system for the selection or dialing of…
All About Advertising Law
Florida Legislature to the Rescue? House Bill Proposed to Fix the Florida Telephone Solicitation Act’s Autodialer Provision
By Liz Clark Rinehart, Venable LLP
The Florida legislature gaveth (to the telemarketing plaintiffs' bar) in July 2021 when it amended the Florida Telephone Solicitation Act (FTSA). That same state legislature might now taketh away and…
Media & Privacy Risk Report
TCPA Turnstile: TCPA cases in a post-<i>Facebook</i> world (TCPA Case Update Vol. 15)
By Bryan K. Clark, Blaine C. Kimrey, Erica L Schuman
The first half of 2021 saw one of the most significant TCPA rulings in many years as Facebook v. Duguid, 141 S. Ct. 1163 (2021), appeared to settle the long-debated…
Ogden Glazer + Schaefer Blog
Narrow Auto-Dialing Definition Broadens Text
By Erin Ogden
NARROW AUTO-DIALING DEFINITION BROADENS TEXT I wrote this post last year, but the US Supreme Court has been busy since then addressing the Telephone Consumer Protection Act (TCPA). In April…
Consumer Finance Monitor
Florida Governor signs bill limiting use of automated dialing systems; new law effective July 1
On June 29, Florida Governor DeSantis signed into law CS/SB 1120 which amends Florida law to impose new limits on the use of “automatic dialers.” The law is effective today, July…