TCPA gets a new lease on life from the 9th Circuit court [telecom]

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The panel vacated the district court's grant of summary
judgment to the defendant on a claim under the Telephone
Consumer Protection Act, which places restrictions on the use
of automated telephone equipment.

The plaintiff alleged that three text messages that he received from
the defendant violated the TCPA. The district court held that the
automatic text messaging system that had sent the messages was not an
automatic telephone dialing system ("ATDS") under the TCPA because it
lacked the present or potential capacity "to store or produce
telephone numbers to be called, using a random or sequential number
generator." After the district court ruled, the D.C. Circuit issued
its opinion in ACA Int'l v. Fed. Comm'cns Comm'n, 885 F.3d 687
(D.C. Cir. 2018), invalidating the FCC's interpretation of questions
raised by the statutory definition of an ATDS.

http://cdn.ca9.uscourts.gov/datastore/opinions/2018/09/20/14-56834.pdf

--  
Bill Horne
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