Tag archives: autodialer

To be or not to be . . . an “autodialer”

On April 1, 2021, the U.S. Supreme Court decided the question whether the Telephone Consumer Protection Act’s (TCPA) definition of “autodialer”

encompasses equipment that can “store” and dial telephone numbers, even if the device does not “us[e] a random or sequential number generator.” It does not. To qualify as an “automatic telephone dialing system,” a device must have the capacity either to store a telephone number using a random or sequential generator or to produce a telephone number using a random or sequential number generator.

Facebook, Inc. v. Duguid, No. 19-511 (April 1, 2021) (2021 WL 1215717).

Background

The … Continue Reading

FCC Rules on TCPA Consent Requirements and Emergency Purpose Exception

Data Protection Report - digital privacy, CCPA and cybersecurity

On August 4, 2016, the Federal Communications Commission (FCC) released a declaratory ruling clarifying the scope of the Telephone Consumer Protection Act’s (TCPA) consent requirements to send robocalls and automated text messages to wireless phone numbers.  The ruling was in response to Blackboard, Inc.’s request that the FCC declare “all automated informational messages sent by an educational organization” as within the scope of the TCPA’s “emergency purpose” exception.  While the FCC granted Blackboard’s request in part, it also expanded its ruling to address automated messages provided by utilities.… Continue Reading

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