by David O. Klein (New York)
A California federal court recently joined a North Carolina court in clarifying that the Telephone Consumer Protection Act ("TCPA") contains a narrow definition of "autodialer." Undermining a favorite argument used by TCPA plaintiffs, the Court in Hufnus v. DoNotPay, Inc. found that, to qualify as an autodialer, dialing equipment must use a random or sequential number generator to actually create the contact list used to place the subject calls or send the subject texts. Using a TCPA number generator merely to determine dialing order, the Court explained, does not qualify as using an autodialer.
Court Clarifies What A TCPA Number Generator Is - Consumer Protection
- United States
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