Autodialer Suits 1 Year After High Court's TCPA Ruling

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By Michael Daly and Marsha Indych (April 12, 2022, 3:56 PM EDT) — One year ago, the U.S. Supreme Court settled the circuit split over the definition of an automatic telephone dialing system, or ATDS, in the Telephone Consumer Protection Act.

Its April 2021 decision in Facebook Inc. v. Duguid — written by Justice Sonia Sotomayor and joined by every justice except for Justice Samuel Alito, who still concurred in the outcome — held that “a necessary feature of an [ATDS] … is the capacity to use a random or sequential number generator to either store or produce phone numbers to be called.”[1]

That holding should have made most ATDS claims untenable, as most…

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