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Are cell phones considered an autodialer?

It is not clear whether or not a cell phone would be considered an Automatic Telephone Dialing System (ATDS). In 2018’s ACA Int’l v. FCC decision, the D.C. Circuit Court struck down portions of the Federal Communications Commission’s (FCC) 2015 rule interpreting the Telephone Consumer Protection Act (TCPA) specifically because it would render every smartphone an autodialer. But the Ninth Circuit Court’s decision, six months later, in Marks v. Crunch San Diego, LLC does potentially render some smartphones as capable of being considered autodialers.

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