Automatic Telephone Dialing System

TCPA Class Action Brought Against President Trump’s Campaign

While some people may be under the mistaken impression that a non-profit entity such as a political campaign is immune from the regulations of the Telephone Consumer Protection Act (TCPA), a newly filed class action against the literal President of the United States of America demonstrates that this isn’t true.

California Court Applies Broad Definition of ATDS from Marks

A new decision by the Eastern District of California made use of the Ninth Circuit’s broad definition of what constitutes an automatic telephone dialing system (ATDS) from last year’s Marks v. Crunch San Diego decision.

A woman with an obviously fake mustache and fake bowler hat

District Court Rules the Plaintiff Cannot Revoke Consent Through Strategies Such as the Use of a Fake British Accent

The plaintiff in Johnson v. Capital One Servs., No. 18-cv-62058, 2019 U.S. Dist. LEXIS 159633 (S.D. Fla. Sept.

The facade of Capital One's San Francisco headquarters

Two New District Court Rulings Apply Statutory Definition of ATDS

A year ago, the landmark Ninth Circuit decision in Marks v. Crunch San Diego, LLC broadened the definition of what constitutes an Automatic Telephone Dialing System (ATDS) under the Telephone Consumer Protection Act (TCPA). Finding the statutory definition to be vague, the court disregarded the precedent of Dominguez v. Yahoo

Court Determines that Manually Dialed Call on a System With ATDS Capabilities May Violate the TCPA

A District Court issued a ruling that concludes that a manually dialed call may violate the TCPA just because it was placed from a system that has other modes with ATDS capabilities.

Western District of Michigan Court Decision Produces Intrastate Split on What Constitutes an ATDS

Western District of Michigan split on what constitutes an Automatic Telephone Dialing System under the Telephone Consumer Protection Act.

Court Sides With Kroger In Beef Between Plaintiff And Grocery Store Over ATDS Calls About Beef

Grocery store chain Kroger uses plaintiff’s own evidence against him in a TCPA case that resulted from a beef over calls made using an ATDS.

Another Court Finds That Predictive Dialers Are Not Necessarily ATDS

Another court decision offers further precedent that predictive dialers are not per se considered automatic telephone dialing systems (ATDS) under the TCPA.

Northern District of Texas Determines That Predictive Dialers Are Not An ATDS

The Northern District of Texas determined that predictive dialers are not necessarily classified as an automatic telephone dialing system (ATDS).

Indiana Telemarketing Requirements: A Warning for Telemarketers

Recent legislation made sweeping changes to the Indiana telemarketing requirements effective July 1, 2019, that come with severe penalties for violations.

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