Autodialer Archives - Klein Moynihan Turco

Eighth Circuit Confirms Narrow TCPA Autodialer Definition

Just one year ago, the U.S. Supreme Court forever changed the telemarketing world with its opinion in Facebook, Inc. v. Duguid. In Facebook, the Court settled a years-long disagreement and clarified how narrow the Telephone Consumer Protection Act’s (“TCPA”) autodialer restriction really is. The restriction only applies when dialing equipment produces the phone numbers to […]

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Illinois Court Uses Facebook to Dismiss TCPA ATDS Claims- Klein Moynihan Turco

How the Facebook Decision Has Changed the Autodialer Factors Analysis

Blog, Telemarketing Law / David Klein

As readers know by now, the Supreme Court’s April 2021 decision in Facebook v. Duguid has changed and clarified how courts interpret what constitutes an autodialer within the meaning of the Telephone Consumer Protection Act (“TCPA”). For TCPA purposes, an autodialer is equipment that uses a random or sequential number generator to produce phone numbers

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Arizona Court Dismisses Autodialer Case

Blog, Telemarketing Law / David Klein

Almost every week, at least one court hands down a new decision interpreting the autodialer ban contained in the Telephone Consumer Protection Act (“TCPA”). In the decisions released after the U.S. Supreme Court’s opinion in Facebook v. Duguid, lower courts have overwhelmingly interpreted the TCPA’s definition of “autodialer” as requiring the use of a number

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Autodialer Law- Klein Moynihan Turco LLP

Federal Court Dismisses Autodialer Law Claims

Blog, Telemarketing Law / David Klein

Recently, a Michigan federal court delivered another blow in favor of telemarketers by dismissing a case captioned Barry v. Ally Financial, Inc. brought under the Telephone Consumer Protection Act (“TCPA”). The main issue at stake in the case was whether Ally Financial violated TCPA autodialer law when it placed calls to Ms. Barry. The Court

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Court Clarifies What a TCPA Number Generator Is

Blog, Telemarketing Law / David Klein

A California federal court recently joined a North Carolina court in clarifying that the Telephone Consumer Protection Act (“TCPA”) contains a narrow definition of “autodialer.” Undermining a favorite argument used by TCPA plaintiffs, the Court in Hufnus v. DoNotPay, Inc. found that, to qualify as an autodialer, dialing equipment must use a random or sequential

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Does Soundboard Technology Comply with TCPA and TSR

TCPA Footnote 7 Cannot Save Autodialer Claims

Blog, Telemarketing Law / David Klein

In the U.S. Supreme Court’s decision in Facebook v. Duguid, the Court clarified the definition of the term “autodialer” as used in the Telephone Consumer Protection Act (TCPA”). In that decision, largely a win for the telemarketing industry, the Supreme Court included a TCPA footnote (also referred to as Footnote 7) that addressed a linguistic

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SCOTUS Hears Argument to Settle TCPA ATDS Definition

Blog, Data & Privacy Law, Journal, Telemarketing Law / David Klein

The United States Supreme Court (“SCOTUS”) held oral arguments this week on Facebook, Inc. v. Duguid. The Justices are being asked to provide the definitive answer on the TCPA’s ATDS definition. For years, what dialing equipment qualifies as an automatic telephone dialing system (“ATDS”) for purposes of the Telephone Consumer Protection Act (“TCPA”) has been

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TCPA News: FCC Seeks Public Comment on ATDS Definition

Blog, Data & Privacy Law, Journal, Online Marketing & Advertising Law, Telemarketing Law / David Klein

October 5, 2018 A recent decision out of the Ninth Circuit Court of Appeals has led the Federal Communications Commission (“FCC”) to issue a new public notice for comment on what constitutes an “automatic telephone dialing system” (“ATDS”) for purposes of compliance with the Telephone Consumer Protection Act (“TCPA”). The TCPA news just keeps coming.

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