- Posts by Zachary D. Miller
PartnerZach Miller is a financial services partner who focuses on consumer litigation and compliance. He has over fifteen years of experience acting as an important advisor to his clients, helping them navigate federal and state courts ...
A .pdf copy of the Gadelhak opinion can be found here.
My last blog post (found here) provided a background of the evolving definition of “automated telephone dialing system” (ATDS) under the Telephone Consumer Protection Act (TCPA) and described the FCC’s long-running effort to expand the scope of the term. In recent times, the FCC’s repeated attempts to classify predictive dialers as an ATDS have come under scrutiny. First, the FCC faced issues with its interpretation in the case ACA Int’l v. FCC, 885 F.3d 687, 702-703 (D.C. Circ. 2018), which called into question the ...
A .pdf copy of the Glasser opinion can be found here.
The Telephone Consumer Protection Act (“TCPA” or the “Act”) has limited telephone calls that can be placed using certain automated equipment since 1991. However, since passage of the Act there has been considerable debate about the type of automated equipment subject to the Act’s restrictions. The TCPA specifically restricts the use of any “automated telephone dialing system” ("ATDS"). The statute defines ATDS as “equipment which has the capacity—(A) to store or produce telephone numbers to be called using a ...
On May 14, 2018, in the wake of the landmark decision ACA International v. FCC, 855 F.3d 687 (D.C. Cir. 2018), the Federal Communications Commission (FCC) issued a Public Notice seeking comment on a myriad of topics including:
- What constitutes an Automatic Telephone Dialing System (ATDS) in light of the Court of Appeals' finding that the agency's "'capacious understanding of the device's 'capacity' lies considerably beyond the agency's zone of delegated authority"
- What functions a devise must be able to perform to qualify as an ATDS. The Court of Appeals' noted the FCC has defined the ...