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.
A Wisconsin court issued a ruling this month that could result in more TCPA lawsuits against automated calling and texting platform providers. In the court’s ruling on Cunningham v.
In April, the Fourth Circuit struck down the TCPA Debt Exemption that permitted automated calls to cellphones when the calls were for the collection of government-backed debt such as a student loan. The ruling called the exemption "unconstitutional" and nearly resulted in the invalidation of the entire TCPA (Telephone Consumer Protection Act).