by David O. Klein (New York)
The law rarely moves in a uniform direction. This is especially true when it comes to the Telephone Consumer Protection Act ("TCPA"). Several recent decisions interpreting the TCPA's autodialer prohibition have come to the same conclusion: equipment is only an autodialer if it uses a random or sequential number generator to produce the number that is called or sent text messages. But a recent decision from an Arizona court, captioned Jance v. Homerun Offer, takes a different approach on TCPA violations.