Litigation surrounding the Telephone Consumer Protection Act ("TCPA") is constantly changing. With this evolution, new issues arise on an almost daily basis, challenging those prosecuting and defending these claims. An increasingly litigated issue is whether calls are made using an Automatic Telephone Dialing System ("ATDS"). The TCPA defines an ATDS as equipment that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator to dial such numbers.

11.15.2018 | by: Joshua H. Threadcraft
Minnesota District Court Holds Predictive Dialer Not ATDS Under TCPA And Defendant Not Liable For Prerecorded Messages To Reassigned Number Based On Prior Subscriber's Consent

11.6.2018 | by: Joshua H. Threadcraft
Florida District Court Grants Summary Judgment Holding Plaintiff Failed To Prove ATDS Used To Send Texts

10.9.2018 | by: Jacqueline Simms-Petredis and Charles C. Davis III
FCC Seeks Comment on ATDS Under the TCPA After Marks v. Crunch San Diego

09.7.2018 | by: R. Frank Springfield and Kristen Peters Watson
Middle District of Florida Finds ACA Vacated 2003, 2008, and 2015 FCC Orders

09.4.2018 | by: R. Frank Springfield and Kristen Peters Watson
Central District of California Finds ACA Set Aside All FCC Autodialer Guidance

08.17.2018 | by: R. Frank Springfield and Kristen Peters Watson
Eastern District of Michigan Finds Aspect System is Not an ATDS