Topic
Autodialing
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Lopsided Circuit Split Favors Narrow Definition of Autodialer
By Sarah Zielinski, Amy Starinieri Gilbert
Update: On April 1, 2021, the U.S. Supreme Court issued its long-awaited opinion in Facebook v. Duguid, which resolved the circuit split regarding the meaning of “automatic telephone dialing system” under the…
Privacy and Cybersecurity
Seventh Circuit Adopts Narrow Definition of Autodialer Under The TCPA
By David Poell, Shannon Petersen
The Seventh Circuit has recently joined the Second, Third, Sixth and Eleventh Circuits in adopting a narrow interpretation of Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act…
Hunton Retail Law Resource
The Good News Keeps On Coming: Seventh Circuit Holds ATDS Must Be Able to Generate Numbers Randomly and Sequentially
By Aliza Pescovitz Malouf, Abigail M. Lyle
On February 19, 2020, the Seventh Circuit, aligning with previous decisions of the Eleventh and Third Circuits, held in Gadelhak v. AT&T Services, Inc. that a defendant’s dialing system did…
Focus on Regulation
Seventh Circuit Joins Third and Eleventh Circuits in “Autodialer” Circuit Split
By Mark Brennan, Arpan Sura, John Castle
The U.S. Courts of Appeal increasingly agree on how to interpret the definition of “automatic telephone dialing system” (“ATDS” or “autodialer”) in the Telephone Consumer Protection Act (“TCPA”). The Seventh…
Workplace Privacy, Data Management & Security Report
Two More Significant Rulings for TCPA Litigation – Eleventh and Seventh Circuits Narrowly Interpret ATDS
By Jason C. Gavejian, Maya Atrakchi
In back-to-back decisions bound to have significant impact on Telephone Consumer Protection Act (TCPA) class action litigation, the Eleventh and Seventh Circuit Courts recently reached similar conclusions, narrowly holding that the…
Technology Law Dispatch
Circuit split on automatic telephone dialing systems under the TCPA reinforces importance of obtaining prior express written consent
By Kimberly Gold, Samuel F. Cullari, Alexis Cocco, Raagini Shah
A federal court in Missouri recently held that a restaurant’s promotional text messages did not violate the Telephone Consumer Protection Act (TCPA) because the messaging equipment used by the restaurant…
Hunton Retail Law Resource
Relief From the TCPA May Be on the Horizon: Eleventh Circuit Rejects Marks and Furthers Circuit Split
By Abigail M. Lyle, Aliza Pescovitz Malouf
Since previous FCC interpretations of the Telephone Consumer Protection Act (“TCPA”) were invalidated by the DC Circuit in 2018, the definition of an “automatic telephone dialing system” (“ATDS”), has been…
Financial Services Perspectives
Eleventh Circuit Endorses Narrow Definition of TCPA Autodialer Creating Circuit Split
By Grant A. Premo, R. Aaron Chastain
On January 27, 2020, a federal court of appeals issued a significant decision interpreting the Telephone Consumer Protection Act (commonly referred to as the “TCPA”) in a way that limits…
CommLaw Monitor
The Eleventh Circuit Weighs in on ATDS Definition
By Kelley Drye
Nearly two years ago, in ACA International v. FCC, the DC Circuit reversed the FCC’s 2015 order interpreting the term “automatic telephone dialing system” (ATDS) in the Telephone Consumer Protection…
The Contingency
Commercial Case Roundup: Appeals (Week of 1-27-20)
Phone system that makes calls "using a random or sequential number generator" doesn't offend Telephone Consumers Protection Act. http://media.ca11.uscourts.gov/opinions/pub/files/201814499.pdf "The place of jurisdiction is Vienna" permits but does not mandate…