Showing 3 posts in ATDS.
SCOTUS Narrows Autodialer Definition under the TCPA
We analyze in this client advisory the recent decision by a unanimous U.S. Supreme Court to narrow the definition of what constitutes an automatic telephone dialing system, or autodialer. Our analysis includes a take on the potential impacts of the decision, as well as the significance of a Democratic Party-controlled FCC. We note that the TCPA has not gone away and callers should continue to carefully consider how best to comply with its provisions to avoid further litigation and regulatory risk.
La Boom! Second Circuit Detonates Expanding Circuit Split over Auto-Dialer Definition Under TCPA
Hinshaw continues to monitor the deepening circuit split over what constitutes an automatic telephone dialing system (ATDS) under the Telephone Consumer Protection Act (TCPA), which restricts certain automated calls and text messages. To say there has been substantial debate by the courts and FCC concerning what constitutes an ATDS would be putting it lightly. And, just when it seemed a majority position was emerging, the playing field seems to have leveled with the Second Circuit's decision in Duran v. La Boom Disco, Inc. More ›
Emerging Trend: Another Federal Court Finds that Predictive Dialers Fall Outside the TCPA's Definition of an ATDS
In 2018, the D.C. Court of Appeals issued ACA International, et al. v. FCC that set aside key determinations of the FCC's interpretations of what qualifies as an automated telephone dialer service (ATDS). The D.C. Circuit concluded that the focus of the Telephone Consumer Protection Act's (TCPA) definition of an ATDS should be on the device's "present capacity" to store and produce telephone numbers, as opposed to its "potential functionalities" or "future possibility." Since this decision, courts have remained split as to what qualifies as an ATDS, although there is a growing trend of courts concluding that a predictive dialer is not an ATDS unless it has the present capacity to store and produce phone numbers randomly and sequentially. On July 30, 2019, the Northern District of Texas joined that trend with its decision in Adams v. Safe Home Security Inc. More ›
Topics
- ACA
- ACA International
- Amicus Brief
- Anti-Discrimination Policy
- Appellate Decisions
- Appointment Power
- Appraised Value
- Arbitration
- Arbitration Rule
- Article III Standing
- ATDS
- Attorneys' Fees
- Auto-Dialer
- Automatic Telephone Dialing System
- Bankruptcy
- Bankruptcy Code
- behavioral economics
- Biden Administration
- Biometric Information Privacy Act
- Bitcoin
- Blockchain
- BNPL
- Business Records
- California
- California Consumer Financial Protection Law
- California Consumer Privacy Act
- California Court of Appeal
- California Department of Financial Protection and Innovation
- Car Dealership
- CARES Act
- CCPA
- CDC
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- Chapter 11 Bankruptcy
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- Circuit Split
- City of Miami
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- Claim-Splitting
- Class Action
- Class Action Fairness Act of 2005
- Class Certification
- Climate Change
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- Colorado
- Commercial Foreclosure
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- Compliance Corner
- Congressional Review Act
- Connecticut
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- Constitutional Claims
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- Consumer Financial Protection Act
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- Coronavirus
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- Corporate Compliance
- Corporate Governance
- COVID-19
- CPRA
- Craigslist
- Credit Report
- Credit Reporting Agencies
- Creditor
- Cryptocurrency
- cyber regulation
- Cybersecurity
- D.C. Circuit Court of Appeals
- Damages
- Data Breach
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- Data Security
- Debt Buyers
- Debt Collection
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- Debt Dispute
- Debt Purchase
- Debtor
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- Default Notice
- Department of Education
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- DFS
- DFS Part 500
- Digital Financial Asset Law
- Disclosure
- Discovery Rule
- District of Columbia
- Document Retention
- Dodd-Frank
- Dodd-Frank Wall Street Reform and Consumer Protection Act
- Due Process Clause
- ECOA
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- Education
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- Eighth Amendment
- Electronic Communications
- Eleventh Amendment
- Eleventh Circuit Court of Appeals
- Employee Benefits
- Employer Participation Student Loan Assistance Act
- Equal Opportunity Act
- European General Data Privacy Regulation
- Eviction
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- Executive Order
- Exempt Status
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- Fair and Accurate Credit Transactions Act
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- Fairness in Class Action Litigation Act of 2017
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- Risk Management
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- Rohit Chopra
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- Social Media
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- Texas
- Texting
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- U.S. Constitution
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- Virtual Currency Business Act (VCBA)
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- Washington D.C.
- Wisconsin
- Wisconsin Consumer Act