The Sixth Circuit Broadly Defines ATDS, Widening The Split Among Circuits Before The Supr...

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by Lisa S. Yun and Shannon Petersen

On July 29, 2020, the Sixth Circuit joined the Second and the Ninth
Circuits in expansively defining Automatic Telephone Dialing System
("ATDS") under the Telephone Consumer Protection Act ("TCPA"). In
Allan v. Pa. Higher Educ. Assistance Agency, No. 19-2043 (6th
Cir. July 29, 2020), the Sixth Circuit held that "devices that dial
from a stored list of numbers"--i.e. "predictive dialers"--qualify as
an ATDS under the TCPA.

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