Tag Archives: automatic dialing systems

Will the Passing of Justice Ginsburg Impact the Future of the TCPA?

The passing of U.S. Supreme Court Justice Ruth Bader Ginsburg will likely bring with it many shifts in the Court on key issues, among which are matters regarding the Telephone Consumer Protection Act (TCPA), most imminently –  what qualifies as an auto dialer. The TCPA has been ever evolving in recent years as courts and … Continue Reading

Two More Significant Rulings for TCPA Litigation – Eleventh and Seventh Circuits Narrowly Interpret ATDS

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 TCPA’s definition of Automatic Telephone Dialing System (ATDS) only includes equipment that is capable of storing or producing numbers using a “random or sequential” number … Continue Reading

The Supreme Court and the Future of the TCPA

In a decision that may have significant impact on businesses that face Telephone Consumer Protect Act (“TCPA”) related class action litigation, the Supreme Court recently accepted certiorari of a petition to rule on the constitutionality of the TCPA. The Court agreed to review a ruling of the Fourth Circuit which held that a TCPA exemption … Continue Reading

The Circuit Split Over the Definition of ATDS Under the TCPA Continues

When the Telephone Consumer Protection Act (TCPA) was enacted in 1991, most American consumers were using landline phones, and Congress could not begin to contemplate the evolution of the mobile phone. The TCPA defines Automatic Telephone Dialing System” (ATDS) as “equipment which has the capacity—(A) to store or produce telephone numbers to be called, using … Continue Reading

NJ Amends Do Not Call Law

Last week, New Jersey’s Governor, Chris Christie (R), signed a bill which will allow telemarketing companies to make sales calls to mobile devices when the call is made to a customer with whom an existing relationship exists or in response to the customer’s written request. While many companies focus on complying with the Telephone Consumer … Continue Reading
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