Client Alert: Circuit Split on Definition of "Autodialer" Under the TCPA Leaves Companies at Risk (UPDATED)
By Katherine Dennis Nye
UPDATE: On July 9, 2020, the Supreme Court granted a petition for certiorari from Facebook Inc., setting the court up to settle the circuit split over what constitutes an autodialer. Facebook brought this appeal from a Ninth Circuit decision that revived a consumer class action against Facebook over unsolicited security texts sent to stored numbers, on the basis that the dialing system had the "capacity" to text randomly generated numbers.[1] This follows a decision of the Second Circuit earlier this spring[2] that adopted the Ninth Circuit's more expansive definition of an autodialer.
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